Dismissal Process Steps for Employers

Following a proper process is essential for fair dismissal. This guide covers the key steps employers should follow.

Before Starting the Process

Preliminary Considerations

1. Is dismissal necessary? Consider alternatives
2. What type of dismissal? Conduct, capability, redundancy, SOSR?
3. What policies apply? Check contracts and handbook
4. Who should be involved? Investigating officer, decision maker, HR
5. What's the employee's service? Rights increase after 2 years

Step 1: Investigation

Purpose

Gather facts to determine if there's a case to answer.

Key Actions

• Appoint independent investigating officer
• Collect evidence (documents, statements, CCTV, etc.)
• Interview witnesses
• Interview the employee (investigation meeting)
• Prepare investigation report
• Decide if formal action is warranted

Investigation Meeting (Not Disciplinary)

• No statutory right to be accompanied
• Purpose is fact-finding, not decision-making
• Employee should be told it's an investigation
• Notes should be taken

Step 2: Notify the Employee

Invitation Letter

Must include:

• Allegations or concerns in sufficient detail
• Date, time, and place of meeting
• Right to be accompanied
• That dismissal is a possible outcome
• Copies of evidence to be relied upon

Sufficient Notice

Give reasonable time to:

• Understand the allegations
• Review evidence
• Prepare response
• Arrange companion

Typically 5+ working days, depending on complexity.

Step 3: Disciplinary Meeting

Before the Meeting

• Ensure decision-maker hasn't prejudged
• Check companion availability (can reschedule once if unavailable)
• Prepare all evidence
• Book appropriate venue

During the Meeting

1. Explain the process and purpose
2. Present the allegations and evidence
3. Allow employee to respond fully
4. Investigate points raised by employee
5. Ask questions to clarify
6. Companion can participate (not answer questions for employee)
7. Adjourn if needed to investigate new information

Taking Notes

• Detailed notes essential
• Consider having note-taker
• Offer employee copy of notes

Adjournment

Adjourn to:

• Consider the evidence
• Investigate new points
• Make decision without pressure
• Take advice if needed

Step 4: Make the Decision

Consider

• All evidence from investigation
• Employee's response and explanation
• Any mitigating factors
• Similar past cases (consistency)
• Employee's length of service and record
• Whether dismissal is proportionate

Decision Options

Situation	Possible Outcomes
Conduct proven	Warning, final warning, dismissal
Capability issues	More support, redeployment, dismissal
Allegations not proven	No action, management advice

Reasonableness

Would a reasonable employer dismiss in these circumstances?

Step 5: Communicate the Outcome

Meeting or Letter

Reconvene meeting to give decision, OR send outcome letter.

Outcome Letter Must Include

• Decision reached
• Reasons for decision
• Effective date (if dismissal)
• Notice period or payment in lieu
• Right to appeal
• How and when to appeal

Notice and Pay

• Give contractual or statutory notice (whichever longer)
• May give payment in lieu of notice
• Pay accrued holiday
• Consider garden leave

Step 6: Appeal

Right to Appeal

Always offer appeal against dismissal.

Appeal Process

• Different (more senior) manager hears appeal
• Employee submits grounds of appeal
• Appeal meeting held
• Can be full rehearing or review of original decision
• Outcome confirmed in writing

Appeal Outcomes

• Dismiss appeal (uphold original decision)
• Allow appeal (reinstate)
• Substitute different sanction

Special Situations

Gross Misconduct

• Can dismiss without notice if proven
• Still need investigation and hearing
• Must be clear case of gross misconduct
• Consider employee's response before deciding

During Sickness

• Can proceed if employee is fit enough to participate
• Consider postponing if genuinely too ill
• Can proceed in absence if employee refuses to engage
• Get occupational health input if needed

Resignation During Process

• Employee can resign at any time
• Consider whether to continue process (may need findings for references)
• Accept resignation in writing

Documentation Checklist

Throughout the process, keep records of:

• Investigation notes and evidence
• Investigation report
• Invitation to meeting letter
• Meeting notes
• Outcome letter
• Appeal correspondence
• Appeal meeting notes
• Final appeal outcome letter

Timeline Example

Day	Action
1	Suspension (if appropriate) and start investigation
1-5	Investigation meetings and evidence gathering
6	Investigation report completed
7	Invitation letter sent
12	Disciplinary meeting
12-13	Consider decision
14	Outcome communicated
21	Appeal deadline
28	Appeal meeting (if requested)
30	Appeal outcome

Timescales will vary depending on complexity.