Dismissal Checklist for Employers

This checklist helps employers ensure dismissals are handled fairly and legally.

Before Starting

Initial Considerations

• Is dismissal really necessary?
• What type of dismissal? (Conduct/capability/redundancy/SOSR)
• What does the contract say?
• What does our policy say?
• How long has the employee worked here?
• Are there any protected characteristics or situations?
• Should we consult HR/legal?

Protected Situations to Check

• Is employee pregnant or on maternity leave?
• Has employee raised a grievance or made disclosures?
• Has employee raised health and safety concerns?
• Is there any disability that requires adjustments?
• Could any protected characteristic be involved?
• Is employee a trade union representative?

Investigation Stage

Appointing Investigator

• Independent from decision-making
• No prior involvement
• Sufficiently senior
• Trained in investigations

Conducting Investigation

• Gather all relevant documents
• Interview witnesses
• Interview subject employee (fact-finding)
• Document all findings
• Keep records secure
• Complete within reasonable time

Investigation Report

• Terms of reference documented
• Evidence summarised
• Findings of fact stated
• Recommendation on whether to proceed
• Report reviewed before proceeding

Disciplinary Hearing Preparation

Invitation Letter Must Include

• Date, time, and location
• Specific allegations (sufficient detail)
• Copies of evidence being relied upon
• Right to be accompanied stated
• Possible outcomes (including dismissal if applicable)
• Contact details for queries
• Request confirmation of attendance

Timing

• Adequate notice given (typically 5+ working days)
• Reasonable time for employee to prepare
• Check companion availability
• Book suitable venue
• Arrange note-taker

At the Disciplinary Hearing

Before Starting

• Right people present
• Note-taker ready
• All documents available
• Recording arrangements (if any) agreed

During Hearing

• Explain the process
• Present allegations clearly
• Go through evidence
• Allow employee to respond fully
• Listen to explanation
• Allow questions from both sides
• Ask about mitigating factors
• Allow summing up
• Don't decide at the table

Process Points

• Allow companion to participate
• Take detailed notes
• Offer breaks if needed
• Adjourn if new evidence emerges
• Don't allow intimidation

Making the Decision

Consider

• Has misconduct/issue been proven (balance of probabilities)?
• What is the employee's explanation?
• Are there mitigating factors?
• What is their disciplinary record?
• What happened in similar cases?
• Is dismissal within range of reasonable responses?
• What does our policy say?

Alternatives to Dismissal

Have you considered:

• Further training or support
• Demotion (if contractually possible)
• Transfer to different role
• Extended improvement period
• Final written warning

Decision Record

• Document the reasoning
• Show evidence was considered
• Show response was considered
• Show mitigation was considered
• Justify the sanction chosen

Communicating the Outcome

Outcome Letter Must Include

• Clear statement of decision
• Reasons for the decision
• Effective date of termination (if dismissal)
• Notice period or PILON arrangements
• Right to appeal
• How to appeal
• Deadline for appeal
• What happens next (property return, final pay)

Notice Considerations

• Contractual notice calculated correctly
• Statutory minimum considered
• Decision on working notice vs PILON
• Garden leave (if clause exists)
• Payment arrangements

After Dismissal

Immediate Actions

• Arrange collection of personal items
• Arrange return of company property
• Remove access to systems
• Inform relevant people (appropriately)
• Process final pay

Final Pay Should Include

• Salary to termination date
• Notice pay (unless gross misconduct)
• Accrued holiday pay
• Expenses owed
• Commission earned
• Check bonus position

Documentation

• Secure all disciplinary documents
• Prepare for possible appeal
• Brief reference provider
• File everything properly
• Retain for appropriate period

Appeal Stage

If Appeal Received

• Acknowledge receipt
• Appoint different, senior manager
• Review grounds of appeal
• Schedule appeal meeting
• Prepare all documentation

Appeal Meeting

• Full rehearing or review (per policy)
• Consider all grounds raised
• Allow employee to be accompanied
• Take notes
• Adjourn before deciding

Appeal Outcome

• Confirm outcome in writing
• Give reasons
• Explain it exhausts internal process
• Keep records

Risk Assessment Checklist

High-Risk Indicators

Check if any apply:

• Employee has 2+ years' service (unfair dismissal rights)
• Protected characteristic involved (discrimination risk)
• Pregnancy/maternity situation
• Whistleblowing history
• Trade union involvement
• Recent grievance raised
• Health and safety complaints made
• Complex case/high-value employee

If High Risk

• Seek legal advice
• Involve senior management
• Extra care with documentation
• Consider settlement discussion

Common Mistakes to Avoid

Process Failures

• Not investigating before deciding
• Not sharing evidence before hearing
• Same person investigating and deciding
• Not allowing companion
• Predetermined outcome
• Rushing the process
• Not offering appeal

Substantive Failures

• Not considering mitigation
• Inconsistent with similar cases
• Disproportionate sanction
• Wrong type of procedure used
• Ignoring employee's response

Documentation Failures

• Poor or missing notes
• No written outcome
• Vague reasons
• Wrong dates
• Missing appeal information