Find out more about talking to staff after a disciplinary procedure. A settlement agreement is sometimes used when an employer and employee agree to end their employment relationship because they both agree it's no longer working.
This can include some dismissal situations. Find out more about settlement agreements. If you're thinking about using a settlement agreement, you should get legal advice.
If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number. If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form. Breadcrumbs Home Advice Dealing with problems at work Dismissals. Overview Dismissing someone fairly Dismissals with and without notice Unfair dismissal Constructive dismissal.
If you are off sick, your employer should proceed with extra caution, but again they are not expected to put off a disciplinary hearing indefinitely. Your employer should only proceed to hearing, however, if they have exhausted other avenues, for example, inviting you to make written submissions if you cannot be present due to sickness, or trying to obtain an occupational health report on your ability to participate. It may be that a video call via zoom for example, would even be a appropriate way to proceed.
A tribunal will consider a number of factors when considering if the dismissal was fair, including;. Whilst all the above matters are important, the most fundamental aspect is whether your employer genuinely believed, and had reasonable grounds for believing , that you were guilty of the misconduct at the time, and at the time it held that belief, had carried out as much investigation as was reasonable in the circumstances.
The tribunal should not at this stage place any weight on whether you were actually culpable of the misconduct or not. Conducted an appropriate level of investigation and have sufficient material upon which to form that belief. It is important to note that an employment tribunal does not have to consider whether you were actually guilty or innocent of the misconduct- but whether your employer had reasonable grounds for believing that you were guilty.
A tribunal will not be substituting its own view, or whether it might have reached a different decision. The tribunal will, however, consider whether your employer objectively acted reasonably in both the decision to dismiss which should take into account whether or not you carried out the misconduct , together with the extent of the investigation.
In determining what is reasonable and proportionate, consideration should be given as to whether a demotion or a final warning may be more appropriate. What should be taken into account here and how a tribunal would look at it is your length of service, prior disciplinary record, whether you admitted the misconduct and showed remorse, the background to the offence, if you were under stress and any other mitigating factors. It is wise to obtain early professional advice.
Not necessarily. It depends on whether there are any differences in the circumstances of the various employees to justify the disparity of treatment. If there are no differences, the question a tribunal will then need to consider is whether or not it was reasonable for the employer to dismiss one employee and not the other. It will not always be easy for an employer to show why they were not consistent in their approach.
Yes, it is possible for the tribunal to determine that a series of series of acts demonstrating a pattern of conduct to be of sufficient seriousness to amount to gross misconduct. This can therefore amount to a reasonable response from your employer if you were dismissed this way.
The fact that you have been charged with a criminal offence will not necessarily be a good reason for dismissal if the alleged offence took place outside work. However, each case will be different and your employer cannot simply rely on the charge by the police. Your employer should carry out its own investigations and follow a fair procedure before taking any disciplinary action against you if you have actually been charged.
A charge would generally have a sufficient connection to your employment to warrant dismissal in the following circumstances:. Where you have not yet been convicted, in most cases a dismissal will only be fair if the employer has conducted a sufficiently thorough investigation, and the employer has formed a genuine reasonable belief that you are guilty. While, in general, it is more likely that charges of violence, dishonesty and sexual offences are most likely to provide fair grounds for dismissal, the court assesses each case on its own facts.
An employer should consider all the surrounding circumstances before deciding whether or not to dismiss you including whether a lesser sanction might be appropriate , and a thorough procedure should be followed. If not then you may have a claim for unfair dismissal.
This is a highly tactical and strategic decision. When you first face an allegation of gross misconduct, it is natural to want to either:.
If there is overwhelming supportive evidence against you and your employer has instigated disciplinary proceedings, the reality is you are more likely than not to ultimately be dismissed. Contact your nearest Citizens Advice for help if you resigned because either:.
Unfortunately, you don't have any rights to challenge your dismissal if your employment status is:. You can check your employment status on GOV.
UK - if it seems like you're an employee, then you should have unfair dismissal rights. If you decide not to ask for your job back, the best thing to do is to prepare for what happens next and find another job. Your employer has to send you a written explanation within 2 weeks of you asking. It might help to tell them this when you ask - not all employers know about this rule.
You can ask for an explanation for your dismissal even if you don't have the right to one - your employer doesn't have to say yes. They should give you enough information to help you understand your written explanation. You might be able to get your employer to keep paying your wages if you've been unfairly dismissed for certain reasons, like:.
You should talk to an adviser for help. It isn't always clear whether your dismissal was for one of these reasons, so it's a good idea to contact your nearest Citizens Advice for help. In practice, your employer may not always give you an honest reason for your dismissal. You can check if your problem at work is discrimination. If you think you were sacked because of an automatically unfair reason or discrimination, you can challenge your dismissal - it doesn't matter how long you've worked there for.
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