You're fired. What are the rules for dismissing employees?

By KMC Human Resources

13 Aug 2015

Dismissing an employee is rarely something that employers relish. In fact, some employers will do anything to avoid having to fire a member of staff; sometimes leaving poor performance or attitude problems to go on for far too long.

By Karen Credie, KMCHR.

The overriding reason that businesses hold back from dismissing staff is the fear of being taken to an employment tribunal. Facing an unfair dismissal claim not only costs businesses in terms of time seeking professional representation and preparing your defence, but also has the potential to cause damage to your reputation.

However, business owners should not feel that they can’t dismiss employees if they have good reason.

Under the eyes of the law you have five reasons under which you can dismiss an employee from a business. These are: conduct or behaviour capability redundancy breach of a statutory restriction some other substantial reason (eg. a company restructure) The key to dealing with employee dismissals is to act fairly and reasonably. The business should investigate the matter thoroughly and consider alternative penalties – all the while recoding that they have done so. It is also important to act consistently – if other similar instances of employee behaviour have occurred, the same penalty should be shown to have applied.

If dealing with a disciplinary matter, employers should adopt the practices as outlined in their employee handbook. Generally, this will involve sufficient time for the matter to be investigated, followed by a hearing at which the employee will be allowed to put forward their version of events. Make sure the employee is given the right to be accompanied at the hearing by another work colleague or a trade union representative.

Generally it would be considered unreasonable for an employee to be dismissed upon a first offence, unless it could be considered gross misconduct. If a written warning is issued, allow employees a specified time period in which to appeal against the decision.

Employers should also remember that employees with less than two years’ service do not have unfair dismissal rights, apart from exceptions generally relating to equality and discrimination. Disciplinary matters and dismissals are often where employers come unstuck. KMR HR can provide businesses with advice on how to deal with employee exits whilst acting within the legal boundaries. Please contact us if you need further advice.

Latest news

1

Vape firm IVG targets £1bn revenue IVG Preston staff

Vape firm IVG targets £1bn revenue

08 Jul 2026

2

EG On The Move adds 85 forecourts to its portfolio Zuber Issa

EG On The Move adds 85 forecourts to its portfolio

06 Jul 2026

3

£4.6bn fighter jet contract boosts BAE Systems' Lancashire programme GCAP funding

£4.6bn fighter jet contract boosts BAE Systems' Lancashire programme

06 Jul 2026

4

Lancashire leaders help shape Northern Growth Strategy Phil Riley, Tom Riordan and Stephen Atkinson

Lancashire leaders help shape Northern Growth Strategy

06 Jul 2026

5

New road boosts access to Blackpool Airport Enterprise Zone Natures Aid

New road boosts access to Blackpool Airport Enterprise Zone

06 Jul 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The Business Network Central and East Lancashire
LBV Header (34).png.png
LBV Hub Networking
16 Jul 2026 - 16 Jul 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Achieving more with your money: Your options at retirement
LBV Hub Seminars
16 Jul 2026

Achieving more with your money: Your options at retirement

Accrington Stanley Football Club, Accrington, BB5 5BX

17:55 - 17:55

Preston Freelancer Meet-Up July
LBV Hub Networking
21 Jul 2026

Preston Freelancer Meet-Up July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Legacy & Leadership – Planning for Lift, Death and business continuity
Logo.jpg.jpg
LBV Hub Seminars
21 Jul 2026

Legacy & Leadership – Planning for Lift, Death and business continuity

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 10:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin