Unfair Dismissal

Employers often require to deal with misconduct. It is essential that the correct procedures are followed. If they are not, a claim for unfair dismissal to an employment tribunal may follow and eventual compensation awarded may be increased by up to 25%. This can result in:

  • Financial penalty - the compensatory award limit is now £74,200.
  • Adverse publicity.
  • Unnecessary time wasted.

Where action for gross misconduct is required the following should be observed:

  • Do not sack.
  • Suspend on full pay.
  • Follow the written disciplinary and ACAS codes to the letter.
  • Take legal advice!

A suitable procedure will include the following:

  • Fix a disciplinary hearing and give written notice to the employee. Warn the employee if appropriate that dismissal may be an outcome of the procedure.
  • Allow representation for the employee.
  • Fully investigate the circumstances (in disciplinary matters where possible this should be by a party who will not be conducting the disciplinary hearing).
  • Provide witness statements where appropriate.
  • Consider alternatives to dismissal in appropriate circumstances (e.g. written warning, demotion, etc.).
  • Advise the employee in writing of the decision.
  • Give the employee a right of appeal.

Always take legal advice!

These comments are provided for guidance only. Each situation has to be examined on its own merits and circumstances and you should not, therefore, rely upon the above without taking specific legal advice in relation to any particular matter.

Specialist advice can be obtained from 
Alan Matthew in our Dundee Office (tel: 01382 200 000) or
from Emma Allan in our Perth Office (tel: 01738 637 311)

February 2013

If you would like to speak to us about any services or have and questions please contact us by filling out the form. 

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Perth Office

Legal Office: 01738 637311
Estate Agency Office: 01738 630222

Dundee Office

Legal Office: 01382 200000
Estate Agency Office: 01382 200301

Crieff Office

Legal Office: 01764 655151
Estate Agency Office: 01764 670077