Dismissal of staff

Dismissing a member of staff can be one of the most difficult situations an employer faces. Even where there are genuine concerns about conduct, capability or business needs, it is essential to follow a fair and lawful process. Taking advice at an early stage can help employers avoid costly disputes, protect working relationships and reduce the risk of claims before an Employment Tribunal.

At Boys & Maughan Solicitors, our employment law team advises businesses in Thanet, Canterbury and across Kent on all aspects of staff dismissal. We provide practical, clear guidance tailored to the circumstances of your business and the employee involved.

There are several potentially fair reasons for dismissal under employment law. These can include misconduct, poor performance or capability issues, long term sickness absence, redundancy, breach of company policies, or another substantial reason affecting the employment relationship. In cases involving allegations of gross misconduct, an employer may believe summary dismissal is justified, but it is still vital to carry out a proper investigation and disciplinary procedure before making any final decision.

Employers are expected to act reasonably throughout the process. This includes following internal disciplinary and capability procedures, carrying out appropriate investigations, warning employees where necessary, and giving staff the opportunity to respond to concerns raised against them. The ACAS Code of Practice also provides important guidance and may be considered by an Employment Tribunal when assessing whether a dismissal was fair.

Problems can arise when procedures are rushed, inconsistently applied or poorly documented. Even where there may be valid grounds for dismissal, failing to follow a fair process can expose a business to claims for unfair dismissal, discrimination or breach of contract. Early legal advice can often help employers manage sensitive situations more effectively and avoid unnecessary escalation.

Our solicitors can assist with every stage of the process, including advising on investigations, disciplinary hearings, capability procedures, redundancy processes, settlement agreements and appeals. We can also help review your employment contracts, staff handbooks and workplace policies to ensure they reflect current legal requirements and best practice.

Every workplace situation is different and prompt advice can make a significant difference to the outcome. If you are considering dismissing a member of staff or are dealing with a workplace dispute involving dismissal, contact Boys & Maughan Solicitors on 01843 234000 or use the enquiry form on this page.