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Dismissing an Employee

What you need to know when dismissing an employee.

The Employment Act 2008 repealed the statutory dispute resolution procedures on 6 April 2009. These set out minimum steps that an employer had to take in disciplinary matters.

There are transitional arrangements under the new act which means that the statutory procedures still applies to some dismissals after 6 April 2009 where the process commenced before that date.

However for all other dismissals following 6th April 2009, employers must still follow a fair procedure and in cases of misconduct or poor performance they must follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Damages for a successful claim at Tribunal (or the Civil Courts) can be substantial and on top of this there is the cost of preparation, attendance and representation.

 

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