If you
dismiss someone for any reason (including redundancy, capability, non-renewal of a fixed-term contract, etc) without using a procedure
at least equivalent to the minimum statutory procedures, brought in by legislation in 2004* then (unless the dismissal falls within certain exceptions) it will automatically be unfair – whatever the rights or wrongs of the underlying situation.
This questionnaire will help you determine whether your procedures are at least equivalent to the statutory minimum if you are thinking of dismissing an employee on grounds of misconduct or capability.
Click here to proceed to the questionnaire.
*The Employment Act 2002 (Dispute Resolution) Regulations 2004. Also contact us for a copy of the ACAS Code of Practice on Disciplinary and Grievance Procedures. While not having legal force, the Employment Tribunal will take into account whether this has been followed when considering whether a dismissal was unfair.
