Editor's message: Before dismissing any employee, employers need to make sure that they have grounds falling within one of the potentially fair reasons, set out in s.98 of the Employment Rights Act 1996.
The five potentially fair reasons for dismissal are:
However, employers should also be aware that, even where there is a potentially fair ground for dismissal, it must also be fair in the circumstances.
Ashok Kanani, Employment law editor
Nicky Stibbs and Max Winthrop join us to discuss key issues around disciplinary investigations and hearings, and dismissals; including the Acas code of practice on disciplinary and grievance procedures, the role of HR in the disciplinary process and the right to be accompanied.
In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.
Updated to include information on Khan v Stripestar Ltd, in which the EAT considered the extent to which a defective disciplinary process can be cured through an appeal; and Grayson v Paycare concerning the correct approach to a Polkey reduction.
David Malamatenios is partner at Colman Coyle solicitors. He rounds up the latest rulings.
Updated to include information on PRA and FCA requirements for reporting any disciplinary action taken due to a breach of the conduct rules.
XpertHR's Quick reference tool has been updated following the publication of the latest annual tribunal statistics.
Updated to include information on the Advocate General's opinion in Parris v Trinity College Dublin and others, concerning a same-sex partner's entitlement to a survivor's pension.
A table listing the unfair dismissal awards made by employment tribunals in 2015/16.
Practical guidance on dealing with the situation in which an employee no longer has the right to work in the UK, including guidance on avoiding illegal working, fair dismissal, the 28-day grace period and the Home Office employer checking service.
HR and legal information and guidance relating to dismissal.