Dismissal for poor conduct or performance
If an employee fails to reach the required standard of conduct (or performance) after all stages of the Disciplinary (or Performance) Procedures up to a final written warning, have been exhausted, they may be fairly dismissed.
Alternatively, if all the stages have not been exhausted but the employee is found guilty of an act of gross misconduct, they may be fairly summarily dismissed (i.e. without notice or pay in lieu of notice).
Only a senior manager or Trustee should take this decision. Following an appropriate investigation process, in line with the Acas Code of Practice on Disciplinary and Grievance Procedures, the employer should hold a disciplinary hearing.
In advance of the hearing, the employee should be:
- Informed in writing of the purpose of the hearing
- Informed in writing of the alleged offence/ongoing performance issues
- Given copies of any supporting documents or statement(s)
- Informed in writing of the potential to be dismissed
A decision should not be made until the end of the hearing, after the employee’s representations have been considered alongside the management information.
If the employee is dismissed, they should also be given the right of appeal.
Dismissal should only be considered as a last resort. Dismissal for a first offence that is not gross misconduct and whereby no warnings have been issued is likely to be an unfair dismissal.
Further information
Reviewed and updated by the HR Services Partnership – April 2010.
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