DISMISSAL ADVICE
Considering dismissing an employee? We assess the legal and commercial position, recommend the most defensible route and help you manage the process properly — with the documentation drafted for you.
Practical dismissal advice for employers across England, Scotland and Wales.
Queries received before 3pm on a working day receive a response that working day.
COMMERCIAL EMPLOYMENT LAW ADVICE
Not every employment relationship should continue indefinitely. Persistent underperformance, serious conduct concerns, damaged trust, long-running absence issues or a situation that is no longer workable can all create real pressure on a business.
The question is not simply whether dismissal feels risky. The real question is whether dismissal is the right outcome, and if it is, what route gives the employer the most defensible position.
Yes — an employer can dismiss an employee where there is a lawful basis for doing so and the situation is handled properly. But there is no single dismissal process that fits every case.
The right approach depends on the reason for dismissal, the employee’s status and service, the evidence available, the level of legal risk and whether any wider protections or issues apply.
Good advice should not just explain the rules. It should help you decide what to do next.
WHY DISMISSAL IS BEING CONSIDERED
Two employers may both be considering dismissal, but need completely different advice. The reason, evidence and circumstances determine what should happen next.
Where the concern is an employee’s behaviour, the seriousness of the allegation, available evidence and disciplinary history all matter. Even where gross misconduct is suspected, the circumstances should be properly investigated before a decision is made.
Poor performance does not automatically justify immediate dismissal. The starting point is usually what standard was expected, what the employee has been told, what support or opportunity to improve has already been given and whether further improvement is realistically achievable.
Long-term sickness or health-related capability can sometimes lead to dismissal, but these cases require particular care. Medical information, the likely prognosis, the effect on the business, possible adjustments and any disability-related issues may all influence the route.
Redundancy is a form of dismissal, but it arises because of the needs of the business or role rather than the employee’s conduct or performance. It requires a distinct assessment and process.
Some employment relationships become unworkable for reasons that do not fit neatly into conduct, capability or redundancy. Contractual issues, legal restrictions, substantial changes to the business or a serious breakdown in the working relationship may require a different approach.
The label matters less than getting the reason, risk and route right from the outset.
ASSESS THE REAL RISK
Two dismissals that look similar on the surface can carry very different levels of risk.
Before recommending a route, we look at what actually matters in the particular case — not simply whether dismissal is being considered.
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Conduct, capability, redundancy and other circumstances involve different considerations.
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What can be established, what is disputed and what has already been documented can materially affect the options available.
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Previous warnings, conversations, grievances, promises and the way comparable situations have been handled may all matter.
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Disability, pregnancy and family-related rights, whistleblowing, health and safety activity, discrimination concerns and certain other legal protections can significantly change the risk.
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Notice, contractual procedures and other agreed terms should be considered alongside statutory rights.
An employee's length of service can affect some dismissal rights, including access to an ordinary unfair-dismissal claim. But short service does not mean that a dismissal is automatically low-risk.
Some dismissal protections apply regardless of length of service. Risk can also arise from discrimination, automatically unfair dismissal, contractual rights and other circumstances.
The right question is not simply “How long have they worked here?”
It is “What risks actually apply to this employee and this decision?”
CHOOSE THE RIGHT ROUTE
A defensible dismissal does not come from mechanically following the longest possible process. Nor does moving quickly mean ignoring the steps that matter.
The right route depends on what has happened, the evidence available, the legal risks involved and the outcome the business needs.
That might mean gathering more evidence before acting. It might mean continuing a disciplinary or capability process. In some cases, dismissal may be appropriate. In others, another route may achieve the outcome more effectively.
What matters is knowing which steps are necessary, which risks need managing and what should happen next.
Depending on the circumstances, the better commercial route may be:
informal management or a clear management conversation;
a warning or further formal process;
performance improvement;
an agreed change to the employment relationship;
redeployment where appropriate;
The objective is not to avoid dismissal at all costs.
It is to choose the route that best balances legal risk, time, management resource, disruption and the outcome the business needs.
Tell us what has happened and we will help you establish the right next step.
OUTCOME-FIRST DISMISSAL SUPPORT
Knowing the legal position is only part of the job. When you are dealing with a dismissal, you also need a clear recommendation, the right process and the documentation to put the decision into effect.
Our Outcome-First approach keeps the focus on what the business needs to achieve.
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We start with what you actually need to achieve and what has brought the employment relationship to this point.
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We review the facts, evidence, process so far and the legal and commercial risks that genuinely apply.
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We take a position. You should know whether we recommend dismissal, further process, more evidence or a different route — and why.
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Where documentation is required as part of the process, we prepare it for you. That can include letters, meeting scripts, invitations, outcome correspondence and supporting process documents.
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We help you implement the decision, deal with the immediate next steps and identify anything that needs addressing afterwards.
Drafted for you means drafted for the situation.
A dismissal should not leave you with generic templates and instructions to work out the rest yourself.
Depending on the circumstances, we can prepare the documents needed to put the advice into action — from process correspondence and meeting scripts through to dismissal and appeal documentation.
You know the position. You know what we recommend. And you know what happens next.
WHEN EXTRA CARE IS NEEDED
Some dismissals need greater care before a decision is taken. That may be because the legal risks are higher, the facts are disputed or the process is already under way.
discrimination or disability concerns;
pregnancy, maternity or other family-related rights;
whistleblowing or health and safety complaints;
a grievance already raised by the employee;
disputed evidence or conflicting accounts;
a senior employee or a contract with added complexity;
reputational sensitivity or wider workforce impact.
You may not be starting from the beginning. The employee may already have been suspended. A disciplinary or capability meeting may already have taken place. Warnings may have been issued. Dismissal may already have been discussed. An appeal may already have been received.
That does not automatically mean the outcome is fixed — or that a problem cannot be recovered.
We review where matters actually stand.
We identify the risks created so far and recommend what should happen next.
If the situation has become more sensitive, the answer is usually better judgement — not panic and not guesswork.
IF THE MATTER ESCALATES
Not every dismissal ends in a dispute. But where a decision is challenged, the next steps usually follow a recognisable path.
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The employee may challenge the decision internally and ask the employer to review it.
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If the matter is not resolved, the employer may receive contact through Acas before a claim is issued.
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If a claim follows, the case moves into a different stage and the defence needs to be managed properly.
Harrington Raine can also support employers with Employment Tribunal defence where a dismissal dispute escalates further.
Many dismissal issues begin long before dismissal is being considered — through performance concerns, conduct issues, absence problems, unresolved grievances or weak earlier documentation.
DISMISSAL ADVICE FAQs
Related employer support:
Broader advice on difficult employment decisions.
Ongoing advice, drafting and day-to-day employer support.
Support if an employment dispute becomes a Tribunal claim.
See the options for ongoing HR & Employment Law support.
Potentially fair reasons include conduct, capability, redundancy, a legal restriction that prevents the employee continuing in the role, and some other substantial reasons.
Having a potentially fair reason is only part of the position. How the employer reaches and implements the decision can also affect whether a dismissal is fair.
There is no single process that fits every dismissal.
The appropriate procedure depends on why dismissal is being considered and what has already happened. Where disciplinary or capability issues are involved, employers should normally follow a fair process consistent with the Acas Code and any relevant contractual procedure.
Yes. Length of service can affect an employee’s right to bring an ordinary unfair-dismissal claim.
The qualifying period is generally two years at present and is due to reduce to six months from 1 January 2027.
But service length is not the whole answer. Some dismissal protections apply without the ordinary qualifying period, and other risks can arise through discrimination, contractual rights and the particular circumstances of the case.
Yes. Gross misconduct can justify dismissal without notice where the circumstances warrant it.
But summary dismissal does not mean dismissing someone without first establishing what happened. Employers should still investigate the allegation, give the employee an opportunity to respond and follow a fair procedure before reaching a decision.
Yes, capability or poor performance can potentially lead to dismissal.
The employer will usually need to be clear about the required standard, identify the performance concerns, provide appropriate support and give the employee a reasonable opportunity to improve before dismissal is considered.
The appropriate process depends on the circumstances.
Potentially, but dismissal because of ill health or capability requires careful assessment.
Employers should normally consider medical information, the likely return to work, support already provided, reasonable adjustments where disability is involved and whether there are realistic alternatives to dismissal.
Long-term sickness does not create an absolute bar to dismissal, but it should not be approached as a simple absence decision.
Not in every situation.
Warnings will often form part of a fair conduct or performance process. However, sufficiently serious gross misconduct may justify dismissal without a previous warning, provided the allegation has been properly investigated and a fair procedure followed.
What is appropriate depends on the reason, seriousness and circumstances.
Potentially. A settlement agreement can be used to end employment on mutually agreed terms and resolve specified potential claims.
It is voluntary, so the employee does not have to accept it, and it is not automatically the best route in every case.
We can help you assess whether settlement or a dismissal process makes greater commercial sense.
An employee can be dismissed during their probation period, but probation does not remove the need to consider the circumstances properly.
The employer should check the employment contract, the reason for dismissal, any relevant legal protections and the notice that applies. Where performance or conduct is the issue, a fair and proportionate process should still be followed.
Probation can affect how a situation is managed, but it does not make every dismissal automatically low-risk.
Usually, yes. An employee will normally be entitled to their contractual or statutory notice, whichever applies.
Gross misconduct can justify dismissal without notice where the circumstances warrant it, but the employer should still investigate what happened and follow a fair procedure before making the decision.
Final pay may also need to include outstanding wages, accrued holiday and other sums due.
An employee should normally be given the opportunity to appeal a disciplinary or dismissal decision.
An appeal gives the employer an opportunity to review the decision and consider any concerns raised about the reason, evidence or procedure before the matter potentially escalates further.
How the appeal should be handled will depend on the circumstances and the employer's procedure. GOV.UK guidance expressly identifies allowing an employee the chance to appeal as a factor relevant to whether an employer acted reasonably.
Unfair dismissal is mainly about whether the employer had a fair reason for dismissal and acted reasonably in reaching and implementing the decision.
Wrongful dismissal is different. It is a breach of the employee’s contract when ending their employment — commonly because the correct notice or notice pay was not provided, or a contractually binding procedure was not followed.
A dismissal can therefore be fair but still wrongful, or potentially unfair without being wrongful. The two claims involve different legal tests, so both the reason for dismissal and the employee’s contractual rights need to be considered.
Yes.
We can review what has happened so far, identify any issues that need addressing and recommend the next step. That might mean continuing the existing process, correcting something before moving forward, gathering further information or considering another route.
You do not need to wait until a problem has escalated before asking us to review it.
Tell us what has happened. We will assess where you stand, recommend the route we believe you should take and help you put the decision into action.
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