Far too often employers proceed with the dismissal of employees without seeking advice from experts who can guide the employer through the process. Seeking advice before making the dismissal can potentially save employers many thousands of pounds both in compensation and legal expenses.
Dealing with employee dismissals is undoubtedly a minefield for the unwary. Employers are taking a gamble by proceeding with dismissals when they believe they have justification but they are not entirely sure of how they can dismiss an employee without falling foul of the law. They fail to follow the correct process and / or they fail to use the correct reason for the dismissal such as capability or conduct. This can, and usually will, result in the employee filing a claim at the Employment Tribunal for unfair dismissal. This is where the costs for the employer can begin to increase significantly.
When an employer dismisses an employee without following the correct procedure, whether they have justification or not, it can lead to a finding of unfair dismissal at the Employment Tribunal.
If an employer were to seek advice from an Employment Solicitor prior to commencing the process to ensure that they are following the correct process then this advice could save them many thousand pounds. It is not just the costs of the award and legal costs that are saved; large amounts of management time are required preparing and attending a tribunal as well as potential adverse publicity if the hearing is reported.
We are often consulted by employers only when they receive the Tribunal application through the post and then have to tell the client that if only they had come to us earlier they would have been able to effect the dismissal properly.
Are you thinking about dismissing an employee?
Are you considering making redundancies?
Take advice before you act or it could be too late.
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