Dismissing employees

Key points:

A dismissal occurs when an employer terminates the employee's contract. Just as formal disciplinary action should only be necessary if informal methods have failed to resolve the problem, so dismissal should be the last resort in terms of sanctions. The principles for handling disciplinary situations, up to and including dismissals are set out in Discipline and grievances at work: The Acas guide.

Whilst the Code is not, in itself, legally enforceable, employment tribunals will take its provisions into account when considering relevant cases.

Employees have the right not to be unfairly dismissed. In most circumstances employees will need to qualify before they can make a complaint to an employment tribunal:

However, there is no length of service requirement in relation to 'automatically unfair grounds'.

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