Make sure you review any previous warnings given to make sure they are legally reliable before using them to justify dismissal on grounds of misconduct or poor performance. To guard against unfair dismissal claims, consider whether your decision is within a range of reasonable outcomes. For example, you don’t need a criminal burden of proof or to decide if a person was lying.
You’ll need to hold a meeting before dismissal, following the same procedure as for warnings. The Invitation should clearly inform the employee that dismissal is a possible outcome.
Ensure that you confirm the dismissal in writing and offer a right of appeal. In cases of misconduct, you can use a Dismissal letter for misconduct to make a formal dismissal, followed up by an Invitation letter to a misconduct appeal hearing if the employee decides to appeal against the decision. In the case of poor performance, you can consider using a Dismissal letter for poor performance for this, followed up by an Invitation letter to a poor performance appeal hearing if required. Where employees have not served long enough to have unfair dismissal rights, consider using this Dismissal letter for employees without unfair dismissal rights. This letter covers a range of grounds for dismissal, including poor performance and misconduct, but should only be used if the employee does not have unfair dismissal rights.