Employers should avoid giving false reasons for dismissal or other sanctions, even if they do so with good intentions, otherwise they risk a discrimination claim and costs penalty, a ruling makes clear.
Find out more about the dismissals process with our selection of articles, links and guides to best practice and regulation.
What's on this page?
- Legal Alert
- Acas guidance
- Online articles
- Useful links
- Articles and books in the Library collection
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Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Employers should ensure the scope of a disciplinary investigation it carries out is carefully considered before the investigation begins and is notified to the employee being investigated, and the investigation does not go beyond scope - or risk subsequent dismissals being ruled unfair, following a tribunal ruling.
Case law: Worker’s reasonable belief their whistleblowing is in the public interest is enough to protect them from dismissal
Employers should be aware that issues raised by a worker in relation to their personal situation, such as issues relating to their work performance, can amount to protected disclosures (ie, whistleblowing) if the worker reasonably believes raising them is in the public interest.
The Library provides full text access to a selection of key business and reference eBooks from leading publishers. eBooks are available to logged-in ICAEW members, ACA students and other entitled users. If you are unable to access an eBook, please see our Help and support advice or contact firstname.lastname@example.org.
Letting People Go: The People-Centered Approach to Firing and Laying Off Employees
Shlosberg, Matt (Business Expert Press, 2011)
Poorly executed terminations may result in challenges ranging from short term annoyances to complete brand destruction. This book covers why terminating employees correctly is important and provides a framework for doing so. Discusses dismissal and redundancy from an organizational rather than legal perspective.
You will need to be logged-in to the website to read this eBook.
Advice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
Acas tool aimed at small firms and line and team managers in larger organisations. The steps cover investigating a discipline issue through to taking action such as issuing an improvement note, giving a written warning or, as a last resort, dismissal. Two real-life example situations and frequently-asked questions are covered.
Acas guidance on dismissing employees, including employees’ rights and when a dismissal is classed as fair or unfair.
Key points regarding notice periods and pay for employers to consider when terminating an employee's contract -whether due to resignation or dismissal, redundancy or retirement.
Articles are available to logged-in ICAEW members, ACA students and other entitled users.
Dismissing staff (GOV.UK)
Government advice on types of dismissal as well as and policies and procedures for employers.
A range of resources from the Chartered Institute of Personnel and Development, including factsheets and employment law FAQs.
Articles and books in the Library collection
Click on the links below to see our catalogue record and holdings for each item. Please contact us if you would like to borrow a book or request a copy of an article.
Employment law handbook
(The Law Society, 2017)
This title includes chapters on: termination of employment; unfair and wrongful dismissal; dismissal foe whistleblowing; and redundancy.
New unfair dismissal regime
Small Business Tax and Finance, September 2013, p.33-34
A review of the government's efforts at reforming the unfair dismissal regime, assessing their potential impact on employers and employees.
The complete dismissal package: all you need to know about disciplinary procedures, workplace mediation and tribunal claims
(Indicator FL Memo, 2013)
This book aims to cover every intricate detail of the dismissal process, with practical tips for employers and an appendix of sample documents.
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