HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Dismissal following previous warnings
Acas recognises dismissal as a possible outcome where the disciplinary procedure has been repeated and the employee has previously received a final written warning. The employer should still make the decision based on the investigation findings, what is fair and reasonable and any relevant comparable cases. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-5-deciding-on-the-disciplinary-outcome
Fair reason and reasonable process
For a dismissal to be fair, an employer generally needs a potentially fair reason and must act reasonably in the circumstances. This includes carrying out appropriate investigations, following relevant procedures, explaining the concerns to the employee, considering their response and providing an opportunity to appeal. https://www.gov.uk/dismiss-staff/fair-dismissals
Previous warnings
Previous warnings should be considered as part of the disciplinary history where they are relevant and remain active under the employer's disciplinary procedure. The employer should check the wording and duration of each warning rather than treating every historical warning as automatically relevant.
Latest disciplinary hearing
The employee should have been told that dismissal was a possible outcome where appropriate and given a reasonable opportunity to respond before the decision is made. If significant new information is raised, the employer may need to investigate it before reaching a decision. https://www.gov.uk/disciplinary-procedures-and-action-at-work/disciplinary-hearings
Reasons for dismissal
The employee should be told the reason for dismissal, the date their employment will end, the applicable notice arrangements and their right of appeal. The dismissal outcome should be confirmed in writing. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-5-deciding-on-the-disciplinary-outcome
Notice and final pay
Unless the circumstances permit summary dismissal, the employee will normally be entitled to the notice required by their contract or the statutory minimum, whichever is greater where applicable. The employer should also deal correctly with final salary, accrued holiday and any other contractual payments due on termination. https://www.gov.uk/dismiss-staff/notice-periods
Right to appeal
The employee should be given an opportunity to appeal the dismissal. The appeal should normally be handled by someone who was not previously involved in the decision and who has appropriate authority to make the final decision. Acas recommends 5 working days as an appropriate period for submitting an appeal where the employer's procedure does not specify a different period. https://www.acas.org.uk/how-to-appeal-a-disciplinary-or-grievance-outcome
Right to be accompanied
Employees have a statutory right to be accompanied at a disciplinary hearing where dismissal is being considered and at an appeal hearing, subject to the statutory requirements. https://www.gov.uk/disciplinary-procedures-and-action-at-work/disciplinary-hearings
Discrimination and protected circumstances
Before confirming dismissal, the employer should consider whether the circumstances involve a protected characteristic, disability, pregnancy, family-related right, whistleblowing or another potentially protected activity. A dismissal must not be based on an automatically unfair or discriminatory reason. https://www.gov.uk/dismiss-staff/unfair-dismissals
Records and data protection
The employer should retain an appropriate record of the disciplinary process, previous warnings and dismissal decision while ensuring personal information is handled securely and retained only for as long as necessary. https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/principle-a-accuracy-storage-limitation-and-accountability/storage-limitation/how-long-should-we-keep-personal-data/