Dismissal templates toolkit
Our Dismissal Templates Toolkit streamlines the dismissal process, ensuring fair and compliant terminations.
If you're facing the difficult task of dismissing an employee, it's important to have the right tools to ensure that the process is handled correctly.
Our toolkit includes a range of templates that are designed to simplify the dismissal process, save you time and effort, and ensure compliance with all relevant employment legislation. From initial communication to the dismissal letter itself, our templates cover all the necessary documents required to carry out a fair and legally compliant dismissal.
What is a Dismissal?
Dismissal refers to the termination or ending of an employment relationship between an employer and an employee. It can occur for various reasons, and the legality and procedures surrounding dismissal can vary depending on employment laws and regulations in a particular country.
Dismissal can be categorised into different types:
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Voluntary Dismissal (Resignation): This occurs when an employee chooses to end their employment voluntarily. The employee submits a resignation letter, and the employer accepts it.
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Involuntary Dismissal (Termination or Firing): This occurs when an employer decides to terminate an employee's contract for various reasons. Involuntary dismissal can happen for causes such as poor performance, violation of company policies, misconduct, redundancy, or restructuring.
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Constructive Dismissal: This occurs when an employee resigns due to a fundamental breach of contract by the employer. It's essentially a situation where the employer's actions make continued employment intolerable for the employee.
Dismissal templates toolkit
What legal and best practice aspects should employers be aware of when implementing Dismissal templates?
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In addition to termination by the employer, there will be a dismissal where the employee resigns in response to a fundamental breach by the employer (constructive dismissal).
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Dismissing in breach of contract will give rise to a claim for wrongful dismissal. Typically, wrongful dismissal claims concern a dismissal with inadequate notice.
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Employees who have worked for more than one month are entitled to statutory minimum notice.
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A payment in lieu of notice (PILON) clause allows an employer to terminate an employee without notice and make a payment in lieu without violating the terms of the contract.
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Employees with sufficient qualifying service can file unfair dismissal claims. Employees with less than 2 years service won't have been employed long enough to qualify for unfair dismissal protection. However, they are still protected against harassment and dismissal for 'protected reasons' such as gender, age, ethnicity, disability, religion and cultural background.
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A dismissal will be considered unfair if it is not for a just cause and/or the employer acted unreasonably in deeming the reason sufficient.
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Capability, conduct, redundancy, statutory illegality, and some other substantial reason are the five legitimate reasons for dismissal.
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When the dismissal is for one of the automatically unfair grounds, no qualifying service is necessary to initiate an unfair dismissal claim.
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If an employee is dismissed without following the ACAS Code of Conduct: Disciplinary and Grievance Procedures, the dismissal may be deemed unfair, and any compensation given may be enhanced by up to 25%.
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Unfair dismissal compensation can be comprised of both a basic payment (based on age, income, and years of service) and a compensating award for losses.
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Following a successful claim for unfair dismissal, tribunals have the authority to impose reinstatement or re-engagement.
- The documents are easily editable and implementable, saving you time and money
- All content is designed by CIPD accedited Chartered HR practitioners with operational experience in this area
- You will maintain compliance with ACAS guidelines, legislation, and industry best practices
- Email notifications for any templates added to this toolkit
- 12 months of unrestricted access without any additional costs (any update in that period is free to you)
- A 25% discount on all library, toolkit, and template purchases/renewals
