Business Level 3 Unit 13 P1

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Following UK government guidelines on employment law you can dismiss an employee if:

• They are incapable of doing their job to the required standard
• They are capable, but unwilling to do their job properly
• They have committed some form of misconduct

There is no specific process you must go through by law, as long as the dismissal is conducted fairly. If, however it is a capability issue linked to someone’s health, the company should try as many ways as possible to help them do their job before dismissing them.

Every company should have Disciplinary procedures in place and should include examples of what the company considers to be misconduct within disciplinary rules. Different disciplinary procedures are appropriate for different circumstances. …show more content…
To make sure the dismissal is fair when misconduct isn’t ‘serious’ or ‘gross’:

1. Arrange a meeting with the employee, telling them the reason for it. At the meeting, give them a chance to explain and issue a first written warning if you’re not satisfied with their reasons. In the warning, tell them how you expect them to improve and over what period - warn them that if they don’t improve enough, you’ll give them a final written warning.
2. Hold a second meeting if their performance or behaviour hasn’t improved enough by the deadline - give them a chance to explain and issue a final written warning if you’re not satisfied with their reasons. Revise the action plan with timescales for improvement and warn them that you’ll consider dismissal if there’s no improvement.
3. Hold a third meeting if their performance or behaviour is still not up to standard by these new deadlines. Warn them that dismissal is now possible. After the meeting - or appeal if there is one - decide whether to give the employee a further chance to improve, or dismiss them. You must tell the employee of your final decision, whatever it is.

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