Fair Dismissal: Why Following the Right Process Matters

Employer alert: Having good reasons to dismiss isn’t enough

Many employers believe that if they have solid grounds to dismiss an employee—such as poor performance, misconduct, or redundancy—they can simply let that person go. Unfortunately, employment law doesn’t work that way.

In the UK, a fair dismissal requires two things: a fair reason and a fair process. Miss either one, and you could face an unfair dismissal claim at an employment tribunal.

The process matters just as much as the reason

You might have clear evidence of serious misconduct. You might have documented months of poor performance. You might have genuine redundancy needs. None of this protects you if you don’t follow proper procedure.

Employment tribunals regularly find dismissals unfair—not because the employer lacked grounds, but because they took shortcuts with the process.

Essential steps you cannot skip

If you’re considering dismissing an employee, these procedural steps are not optional:

1. Written invitation to a disciplinary hearing

You must invite the employee to a formal meeting in writing. This invitation should:

• Explain what the meeting is about
• Outline the allegations or concerns
• Give reasonable notice (usually at least 48 hours, though more may be appropriate for complex matters)
• Inform them of their right to be accompanied

2. Right to be accompanied

Employees have the legal right to bring a companion to disciplinary hearings. This can be:

• A work colleague
• A trade union representative

They cannot usually bring a solicitor or family member, but they are entitled to support from an appropriate companion.

3. Present evidence clearly

During the hearing, you need to:

• Explain the concerns or allegations clearly
• Present any evidence you’re relying on
• Give the employee copies of relevant documents beforehand
• Allow them time to review everything properly

4. Allow the employee to respond

The employee must have a genuine opportunity to:

• Give their side of the story
• Respond to allegations
• Present their own evidence
• Challenge evidence against them
• Ask questions

This isn’t a tick-box exercise. You need to genuinely listen and consider what they say.

5. Consider mitigation properly

Even if misconduct occurred or performance was poor, you must consider:

• Are there any mitigating circumstances?
• What has the employee said in their defence?
• Is dismissal proportionate, or would a lesser sanction be appropriate?
• Have you considered alternatives to dismissal?

This stage requires genuine thought, not just going through the motions.

6. Provide written outcome with appeal rights

After the hearing, you must:

• Inform the employee of your decision in writing
• Explain the reasons for your decision clearly
• Tell them they have the right to appeal
• Explain how to appeal and the deadline for doing so

If they do appeal, you need to hold an appeal hearing and go through a similar process again.

Why employers take shortcuts

We understand the pressures. Running a business is demanding, and dealing with employee issues takes time you may not feel you have. Common reasons employers skip steps include:

• Wanting to resolve the situation quickly
• Believing the case is so clear-cut that process doesn’t matter
• Not realising how strict the procedural requirements are
• Assuming a resignation offer will avoid the need for process
• Following advice from someone without employment law expertise

Unfortunately, none of these reasons will protect you at tribunal.

When the reason was valid but the process wasn’t

Employment tribunals see this situation regularly: an employer had perfectly good grounds to dismiss someone, but they didn’t follow fair procedure. The result? The dismissal is still found to be unfair.

It feels frustrating—you know the employee deserved to be dismissed—but the law is clear. Process matters.

Common procedural mistakes

Watch out for these frequent errors:

• Dismissing someone without any formal meeting
• Holding a meeting but not allowing them to be accompanied
• Making the decision to dismiss before the hearing
• Not investigating properly before the disciplinary
• Failing to consider alternatives to dismissal
• Not giving proper notice of meetings
• Refusing to hear an appeal or treating it as a formality

Each of these can turn an otherwise fair dismissal into an unfair one.

Following the ACAS code

The good news is you don’t have to guess what “fair procedure” means. ACAS (the Advisory, Conciliation and Arbitration Service) publishes a Code of Practice on disciplinary and grievance procedures.

This code sets out the minimum standards employers should follow. Tribunals take it very seriously, and failure to follow the code can increase compensation awards by up to 25%.

You can find the ACAS Code online, and it’s surprisingly readable. If you employ people, it’s worth keeping a copy handy.

Getting it right

Fair dismissal doesn’t have to be complicated, but it does require:

• Understanding your obligations
• Following a clear process every time
• Taking the time to do things properly
• Documenting everything carefully
• Getting advice when you’re unsure

The investment of time upfront is far less costly than defending an unfair dismissal claim later.

When to seek professional help

Some dismissals are straightforward, but many involve complexities that benefit from professional advice:

• The employee has raised a grievance
• There are allegations of discrimination
• The employee is pregnant or on maternity leave
• Long service is involved
• The matter is particularly sensitive or complex
• You’re unsure whether you have fair grounds

Getting advice early—before you start the process—can help you avoid expensive mistakes.

Don’t underestimate the risk

Many employers assume they’ll never face a tribunal claim, or that their case is so strong they’d definitely win. The reality is that procedural unfairness is one of the most common reasons dismissals fail at tribunal—and it’s entirely preventable.

Taking the time to follow proper process protects your business, treats employees fairly, and demonstrates that you take your responsibilities as an employer seriously.

Need guidance on disciplinary procedures or dismissals?

Davenport Solicitors regularly advises employers on managing difficult employment situations fairly and lawfully. Contact us before taking action to ensure you’re protected.