Following a fair dismissal procedure

As an employer, when you consider dismissing someone, it is not sufficient just to have a fair reason for the dismissal. You also need to carry out a fair procedure. Ultimately, you must be able to demonstrate that the dismissal was within the reasonable ranges of responses available to you. The ACAS Code of Conduct sets out some principles for fair disciplinary procedures but it does not apply to redundancy dismissals or the non-renewal of fixed term contracts on their expiry. If the employee has one year’s continuous employment – there are some limited exceptions to this rule -, the effect of failing to carry out a fair dismissal procedure could mean that you expose your company to the risk of an unfair dismissal claim being brought against it.

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