Employment law – What is the employee termination process? | Hudson McKenzie

Employment law – What is the employee termination process?

September 13, 2018 | Employment, Latest Thinking, News

What exactly are the key points to consider when an employee is undergoing a termination process at work?

Employers may wish to terminate one or several of their employees – however when doing so, all employers must ensure that a fair procedure is followed.

For instance, upon announcement of the dismissal, the employer must be aware that the employee is entitled to an employment tribunal, if they have served two years or more at the company. However, this is not in cases of automatically unfair dismissals, in which two years of service are not required as a principle.

Furthermore, all employers must give a notice to the terminated employee and have sufficient grounds (such as gross misconduct) for the dismissal. From this, the ‘period of notice’ will be set out in the initial employment contract.

A popular ground for dismissal is typically redundancy, in which employers must also use a fair procedure when using this form of dismissal.

Usually an organisation will have its own Human Resources (HR) department, that shall be able to efficiently oversee the termination process in general.

As a process, employers should be aware of the following two factors:

  • Be aware of all legislation associated with the termination of the employee – including the employees rights.
  • Treat the employee fairly and approach them in a constructive manner.

Regarding the types of dismissal, these can be demonstrated as follows:

Fair vs. Unfair dismissal

A dismissal shall be deliberated as fair or unfair depending upon the employers reason for dismissing the employee and how the employer acts towards the employee during the dismissal process. This is why the following two factors above are important to maintain during the termination process.

Constructive dismissal

Alternatively, the employee may resign from an employment role if they feel that that their initial employment contract has been breached.

Wrongful dismissal

This term is used for when an employees terms within their initial employment contract has been breached during the dismissal process.

Ultimately, the employee being terminated may also take the employer to an employment tribunal, if they believe that they have been dismissed in any of the following ways mentioned above.

If you would like to discuss this article further or have any general legal enquiries, please contact one of our highly qualified solicitors on 020 3318 5794 or via email at londoninfo@hudsonmckenzie.com