An employee’s tenure with your organization may conclude for various reasons. They might resign citing constructive dismissal, experience health issues, opt for retirement, or you may find it necessary to terminate their employment.
If you are contemplating the dismissal of an employee, it is crucial to familiarize yourself with the legal grounds for a potentially fair dismissal as outlined in employment legislation, as well as the appropriate procedures to follow in different scenarios, such as misconduct, capability issues, health concerns, poor performance, or redundancy. Adhering to employment law and implementing a fair dismissal process will help mitigate the risk of facing an expensive employment tribunal for unfair dismissal.
Typically, employees must have completed two years of service to file a claim for unfair dismissal; however, there are exceptions to this rule, including cases involving whistleblowing, health and safety violations, family rights, and discrimination. Therefore, it is essential to consider these factors carefully before proceeding with the termination of employment.
If the termination is not due to dismissal but for another reason, you have various options available as an employer, such as engaging in protected conversations and negotiating settlement agreements to facilitate a smooth transition for both the employee and the organization.