Dismissals

Dismissal with notice…

should be applied to all cases that do not involve gross misconduct. This means that the employee should receive the appropriate period of notice or payment in lieu of notice.  Contractual benefits, such as a company car and medical insurance should be taken into account when calculating payment in lieu of notice.

Dismissal without notice…

should be for gross misconduct only.  Normally this is conduct that destroys the working relationship and trust between an employer and employee such as physical violence, theft or fraud.  Examples of offences that fall within this category should be clearly stated within your rules.  You should only pay the employee for the period up to dismissal and this should include any accrued holiday pay up to this date.

How should the employee be informed of your decision?

You should inform the employee in writing:

• As soon as possible after a decision has been reached.
• Stating the reasons for your decision.
• The disciplinary penalty and for how long it will last.
• The period of time for improvement, the expected improvement and how it will be assessed.
• The possible consequences of further misconduct or continuing poor performance.
• The timescale for lodging an appeal and how it should be made.