choosing the right route through dismissal
How should I manage a dismissal process at work?
Delphi can help you undertake the difficult process of legally removing an employee from your organisation, advising on the initial steps such as warnings, disciplinary procedures and performance reviews.
We can guide you through the correct legal process, ensuring that any dismissal is fair and justifiable, so that any allegations of unfair dismissal can be defended at an employment tribunal if necessary.
YOU MUST NOT DISMISS AN EMPLOYEE:
- Without any formal warning
- Without due process
- For a protected characteristic
- For long term sickness
- For being pregnant
- For taking parental leave
- For refusing to give up working time rights
- For membership of a trade union
- For representing other staff in disciplinary or TUPE talks
- For undertaking jury service
- As part of the acquisition of another business.
Employees can claim constructive dismissal if you:
- Fail to pay them
- Make fundamental changes to their duties
- Advertise their job while they are absent
- Allow them to be bullied
- Ignore their complaints and grievances
- Discipline or demote them without justification.