Editor's message: The need to dismiss an employee can arise for various reasons, including redundancy, as a disciplinary sanction or due to on-going absence because of the employee's ill health.
If you are faced with a situation where you have to dismiss an employee, you should familiarise yourself with your organisation’s policies and procedures and ensure that you follow them. As well as being good practice, this will assist in ensuring that the situation giving rise to the possibility of dismissal is dealt with fairly. Also, failing to follow procedures correctly might cause difficulties if you have to defend a decision to dismiss on appeal, or if the employee challenges the fairness of the dismissal in an employment tribunal.
Be aware that the expiry of a fixed-term contract amounts to a dismissal. Therefore, you need to ensure that you have a fair reason for not renewing an employee's fixed-term contract and that you act reasonably in deciding not to renew the contract. Not doing so may allow the employee to complain that the dismissal was unfair.
Madeleine Graham, managing editor, employment law
The Court of Appeal has held that, in the absence of an express term in the employment contract, a posted notice of dismissal is effective only when it is "actually communicated" to the employee.
An employment tribunal has rejected the unfair dismissal claim of a long-serving employee with a clean disciplinary record who was dismissed over comments she made on Facebook about her employer.
Updated to include information on Day v Health Education England (HEE), concerning a disclosure to HEE by a junior doctor employed by an NHS trust.
In this podcast, XpertHR consultant editor Darren Newman looks at Western Excavating v Sharp, which defined "constructive dismissal" and led the courts and tribunals to develop the implied term of mutual trust and confidence.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
A model letter informing an employee of the outcome of a stage 3 long-term sickness absence formal review meeting.
A model letter to invite an employee to an appeal hearing where the employee has appealed his or her dismissal under the long-term sickness absence management procedure.
A model letter informing an employee of the outcome of a stage 3 short-term sickness absence formal review meeting.
A model letter inviting an employee to a short-term sickness absence appeal hearing.
A model letter informing an employee of the outcome of a short-term sickness absence appeal hearing.
HR and legal information and guidance relating to dismissal.