
Be certain
The heat of the moment can cause business leaders ? especially hot-headed ones like Trump ? to make snap decisions that are neither correct nor rational. Even if the business does have a zero-tolerance policy for certain behaviour, owners should check to see if employee’s actions fall into the parameters of the policy. When a business leader is angry, it is easy to unintentionally forget about guidelines and laws, and while the employee can come back after a mistake, no one will ever forget what happened and it could lead to an employment tribunal. Since fees have been abolished, there is no deterrent against employees chancing their luck in front of a tribunal. Employers may now find a spur of the moment decision could lead to them facing an unfair dismissal claim, for which the compensation can be over ?95,000.Follow a fair procedure
The business may want to remove the employee straight away but the law lays down a clear procedure that must be followed. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum process. A tribunal will consider whether the business has followed the code or not. A failure to apply the code can lead to a 25 per cent increase in any compensation award. It is important to remember to follow any further dismissal process requirements included in the company handbook and disciplinary policy.Give the right notice
The only dismissal that does not require notice is one for gross misconduct as this immediately ends the contract of employment. The notice given to an employee when they are dismissed is usually laid out in their contract. In some circumstances, the statutory notice may override this. Statutory notice starts after one month?s service and increases at a rate of one week for each year of service up to a maximum of twelve weeks. If this is greater than the contractual notice, then statutory notice must be given. Giving the employee the correct notice is a must, failure to do so can result in a claim for wrongful dismissal.Keep a paper trail
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- The downsides of insecure employment: Why employers should commit to good work
- How employers can protect against unfair dismissal claims
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