By Simon Robinson on Small Business – Advice and Ideas for UK Small Businesses and SMEs
Dismissing an employee is never an easy process, and many employers will avoid taking action against a problem or under-performing member of staff out of fear of a claim in the employment tribunal.
However, while the dismissal process may seem complicated and risky, for many businesses, failing to tackle problem employees can have huge repercussions for the future; and a failure to act risks damaging the business in both the short and longer term.
Wrongful and unfair dismissal
Wrongful dismissal is a dismissal in breach of the employee’s contract and applies where the employer has terminated employment without full notice. The value of a wrongful dismissal claim is usually limited to the pay and benefits the employee would have received during the notice period provided by the employment contract.
Unfair dismissal is where employment is terminated, and the employer did not have a fair reason for the dismissal. Alternatively, a dismissal may have been fair in theory, but the employer’s failure to follow the correct procedure renders it unfair as a result.
It is worthwhile noting that an individual will require two years of service before they are eligible to