Episode 3: How to ensure the decision to dismiss is reasonable
In this weeks’ episode of the podcast Solicitor Alison Colley brings you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
In this episode 225 Alison will cover:
What the test for reasonableness is in accordance with the Employment Rights Act 1996
The two elements of a reasonable dismissal, Procedure and Substantive Fairness
What the fundamentals are for a reasonable dismissal decision
The different reasonableness and procedural requirements for each of the potentially fair reasons
What the range of reasonable responses test is
What you need to do to fairly investigate a conduct allegation
What you can do if you have more than one ‘suspect’ in an allegation of misconduct
How to deal with performance issues in order to fairly dismiss an employee for poor performance
What you need to consider before dismissing an employee
Action Points
Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.
Helpful Links
Employment Rights Act 1996:
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BHS v Burchell:
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Training for your Team
Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
The types of training we can deliver for you are:
An introduction to the Equality Act
Equality and Diversity Training
An introduction to disciplinary & grievance processes and the law
Holding effective 1:1’s
Appraisal training—Introduction
Appraisal training—Refresher
Holding difficult conversations
Effective root cause analysis
Giving and receiving effective feedback
Dealing with change & change management
Time management
Absence management
How to carry out a disciplinary investigation
Managing the disciplinary process
Managing the grievance process
Performance and capability management
Assertiveness & managing confidently
The skills required to be a good manager
An introduction to mental health at work for managers
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour:
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Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents:
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