Three-step procedure to dismissal

Information about the procedures to be followed prior to dismissal.

In summary, the three steps that must be followed are:

Step 1

An employer must

• set out in writing the circumstances which lead it to consider dismissal, and
• send the same copy to the employee and invite the employee to attend a meeting to discuss the matter.

Step 2

The meeting must take place before the dismissal is decided upon;

• the meeting must not take place unless the employer has informed the employee of the basis for the proposed redundancy and given the employee a reasonable opportunity to consider his response before the meeting;
• the employee must take all reasonable steps to attend the meeting;
• after the meeting the employer must inform the employee of the decision and of the right of appeal.

Step 3

If the employee wishes to appeal he must inform the employer;

• the employer must invite him to an appeal meeting;
• the employee must take reasonable steps to attend the meeting;
• after the meeting, the employer must inform the employee of the final decision.

A failure to comply with the statutory dismissal and dispute resolution procedures will lead to a finding of automatic unfair dismissal and can lead to an increase in any compensation by up to 50 per cent. The application of the statutory procedures can be complex and you should consider each situation carefully and take legal advice if necessary.