Examples of gross misconduct & sackable offences
Gross misconduct is behaviour or action which is so serious that it justifies an employer dismissing the perpetrator without notice or pay in lieu of notice. This is known as summary dismissal. For employers, it’s important to recognise the type of conduct that meets this threshold. If the misconduct is not sufficiently serious to be […]
Can you sack someone on sick leave?
As an employer, the law says you can sack someone on sick leave but you must have good reason and follow a fair dismissal procedure, or you risk costly employment tribunal claims. In this guide for HR, managers and employers, we explain the rules on sickness absence dismissals and share best practice advice on how […]
Termination of employment due to custodial sentence
What does it mean for an employer if one of their employees is convicted of a crime and sent to prison? In many cases, employers may be considering termination of employment, not least because the employee will no longer be available for work, but also due to associated issues such as bringing the company into […]
Should you put employees on garden leave?
Garden leave is used by employers as a protective measure to ensure that key employees exiting a business have a minimal impact on its reputation and ongoing success. That said, the use of garden leave does not come without cost and certain risks for the employer. In the following article, we examine the pros and […]
Fire and rehire rules (employers’ guide)
‘Fire and rehire’ refers to when an employer dismisses an employee and rehires them on new terms. The new terms are generally less favourable for the individual than under their previous contract of employment. Firing & rehiring is a tactic typically used by employers who wish to vary the terms of their employees’ contracts but […]
Health & safety unfair dismissal
A return to the workplace for many staff may raise health and safety concerns in light of the ongoing pandemic. In some cases, employees may even refuse to return to the workplace during this worrying time. The coronavirus presents a unique and unprecedented context for existing health & safety rules, which require employers to take […]
Automatically unfair dismissal
It is a common misconception that an employee can be dismissed without the need to provide a fair reason and follow a fair process, as long as they have not yet accrued two years’ continuous service with their employer. On the contrary, however, there are certain circumstances in which a dismissal may be classed as […]
Employee stealing from work?
If you suspect an employee stealing from work or misusing company property without permission, it is likely to come as a shock. Any action you take in response to stealing from work must be fully considered and based on factual evidence to avoid falling foul of legal issues. It is also likely you will have […]
Gross misconduct & fair dismissal
Gross misconduct refers to conduct, actions or behaviour from an employee that is sufficiently serious to justify instant dismissal. Responding to allegations of gross misconduct and taking disciplinary action against an employee is fraught with legal risk. While it may be instinctive in some circumstances to dismiss an employee immediately as a result of gross […]
Dismissing an employee fairly
Dismissing an employee is sometimes unavoidable, either because an individual is behaving badly or underperforming at work, or the business simply cannot afford to maintain its current levels of staff. As an employer, even where you have a clear and legitimate reason for letting someone go, it remains important that you approach any dismissal in […]
