Dismissal

Dismissal is the final stage. Except in cases of gross misconduct, dismissal without warning is likely to be outside the band of reasonable responses available to the employer (see pages 15-16 and 51. See also Para 22-23, Acas Code of Practice on discipline and grievance). 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 (this should be consistent with the letter setting up the disciplinary meeting and must be based only on allegations put to the member during the disciplinary process);

• when the employment will terminate (this is important because wages, holiday and other benefits will continue to accrue until the termination date and also because the deadline for bringing a tribunal claim is calculated based on the last day of employment);

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