When you have employees there might be times when you have to dismiss one of them. You want to be sure that when you do let an employee go that the dismissal cannot be construed as an unfair dismissal. An unfair dismissal violates an employee’s rights and can get you into a lot of legal troubles.

To help you understand the difference between a wrongful dismissal, and a legal one you need to understand the following terms.

Wrongful dismissals

If you have a contract with your employee and you let them go without providing them with notice of your intent to terminate their employment then you could be found guilty of wrongful dismissal. This is not the same as an unfair dismissal.

Discrimination
If an employee has reason to believe that they have been discriminated against because of their race, age, sex, or religion, then you could be found guilty of discrimination. The laws regarding what is discriminatory are clearly laid out in the Equality Act of 2010. This act is a consolidation of previous discrimination acts and it superseded any information in those acts.

Constructive dismissal

A constructive dismissal occurs when an employee voluntarily terminates their employment contract without giving you any notice. When this occurs it is considered a constructive dismissal if the employee quit because of some action you took that made the employee feel that the only solution was to quit their job.

Avoiding an Unfair Dismissal

There are several things that you can do to make sure that you are never guilty of terminating a person’s employment unfairly.

1. Have an established work contract with every employee. Make sure their work contract details their job duties, and what is expected of them at your company. Always refer to the work contract when an employee does something that you think is grounds for dismissal. Follow the guidelines of the contract to the letter. Make certain the employee understands how they have broken their contract, and if the behaviour is a repetitive one you should explain this to them after the first episode so they understand that they are in danger of losing their job.

2. Establish a reprimand system that gives employees warnings about their performance and conduct. Write in the employee contract that they will be given two warnings and then they will be terminated if they do not correct whatever conduct that you are having trouble with.

3. Put everything into writing. Each time that you speak with an employee you need to have a written account of the conversation. Make sure that both you and the employee sign the written document so you can prove that they were aware of any problems and that they agreed to take action. The document should have the date and time on it. You should make a copy of this document to give to the employee, and one copy should be kept in the employment file of the individual for future reference.

4. Have a witness present whenever you have to terminate an employees job. This is a private matter and it should be done between the employee and just the boss, but in order to protect yourself you need a witness present when you terminate an individual. You need to have the employee, the witness, and your own signature on the termination document.

5. Always let employees have the opportunity to explain their actions before you make your final decision to keep them or dismiss them. Allow the employee to put their explanation in writing and keep that explanation in their file even if you decide to go ahead and terminate them.

6. Never lose your temper and say something you will regret. Words spoken in anger are usually harsh, and often they are overly dramatic. When you are angry with a person’s actions you need to give yourself time to calm down before you address the situation. Never shout at an employee.

7. Never use derogatory language when you are speaking to an employee. Foul language has no place in a business setting.

8. Treat every employee the way you would like to be treated if you were in their position. Respect their rights and their feelings. It does not cost you a dime to be kind even in the face of adversity.