Employment Law

Employee dismissal solicitors in Solihull

Find advice and support on the correct way to dismiss employees with Pearcelegal. We will advise how your employment contracts can be used to remove employees who risk damaging your business.

When an employee isn’t working out for any reason, we can help you to dismiss them in line with employment law. From disciplinary procedures to dismissals, we help businesses move forward with confidence.

A problematic employee can quickly do damage to your business. Even if you are within your rights to dismiss the employee, failure to do so correctly could lead to an employment tribunal. We help employers avoid this time-consuming and stressful process by advising on the best route forward when you want to part ways with an employee.

No matter the size of your business, dismissing an employee can cause issues if procedures are not followed. We will advise on the best course of action to dismiss an employee. We can help with:

Drafting and revising warning letters
Ensuring your company grievance procedures are observed
Ensuring ACAS Code of Practice On Disciplinary Procedures is observed
Leading disciplinary hearings
Reviewing appeals

Employee dismissal procedures

If you have an employment contract, grievance procedure and staff handbook on your side, we will guide you on the steps to take to dismiss an employee. Even without a contract, we can advise on how to manage the dismissal process to protect your business. Every step of the way, we will ensure your company acts in line with UK employment law.

A disgruntled ex-employee is more likely to raise a claim, particularly if they cannot understand why they are at fault. Our employment law team can act as an extension of your HR department to ensure the dismissal is managed with care. We can draft warning letters, dismissal notices and review appeal letters from your employee. By taking care of all communications with the employee in question, we can help to avoid common grievances.

Get in touch with Pearcelegal to find out how we can help handle your employee dismissals.

Frequently asked questions

Can an employee appeal a dismissal?

The employment contract and employee handbook should outline if an employee can appeal a dismissal. Provided you have upheld the employer’s side of the contract, dismissal is often final. The next step for a dismissed employee with no right to appeal would be for them to present a claim to an employment tribunal if they believe they have been unfairly dismissed.

Does HR need to be present during a termination?

Reducing the number of people present can help to make the dismissal less stressful for the employee. In many cases, a member of HR is the person best placed to handle the dismissal. This will help to keep consistency in the language used and avoid leaving the dismissal open to interpretation.

What are grounds for immediate termination?

In the UK there are five reasons for immediate dismissal. These are issues of conduct, capability/performance, redundancy, breach of a statutory restriction and Some Other Substantial Reason. This is clearly open to interpretation, which is why it is important to seek legal advice before dismissing an employee.

Can you dismiss someone without warning?

This should be outlined in your employment contract, but typically you are required to give an employee a notice period if you would like to dismiss them. Many employers will ask the worker to no longer come into work and pay them to the end of their notice period, also known as garden leave. If an employee is found to be guilty of gross misconduct, you would have grounds to dismiss them immediately, but are still required to follow a procedure.