Dismissal 


Dismissal is the final stage. It should not be a penalty for a first offence except in cases of gross misconduct. Reps should check whether, under the disciplinary procedure, the manager has the authority to dismiss. 


Check the employee has been promptly told in writing:


• exactly why they are being dismissed;


• when the employment contract will terminate;


• what final payments they will receive; and


• how to appeal (see Chapter 10: Appeals).


Before the meeting, reps should discuss possible outcomes with the member and establish, in particular, whether they would be willing to accept a lesser sanction to avoid dismissal, such as demotion. For example, in Whitham v Club 24 Limited (t/a Ventura ET/1810462/10, (unreported), a tribunal decided that dismissal for posting comments on Facebook was unfair partly because a reasonable employer would have offered demotion as an alternative to dismissal, and there was evidence that the employee would have accepted this. Make sure you are clear what the member is willing to agree before you concede on sanction.


Just because alternative sanctions are not expressly included in the disciplinary procedure or the employment contract, this does not stop the employer offering and the employee accepting them as an alternative to dismissal. 


Sometimes a member can help their case by requesting appropriate training, especially if accused of poor interpersonal skills or bullying.