Employees can be let go for misconduct, incapacity, redundancy, legal reasons, or any other “significant reason” according to the Employment Rights Act of 1996 (Acas, 2015). When dealing with employee complaints, businesses must follow the guidelines laid out in the ACAS Code of Practice on Disciplinary and Grievance Procedures (Acas, 2020). Even if there is a good basis to dismiss a worker, if the proper procedures were not followed, the worker can claim unfair treatment. Fairness, scrutiny, and decent procedure are all essential parts of the dismissal law.

Two acceptable reasons for dismissal are incapacity and misconduct. However, if a company fails to address these two scenarios appropriately it could face legal action on the grounds of wrongful dismissal. Employers may first try to identify the underlying reason of an issue, such as inexperienced workers, ineffective management, broken systems, or a lack of training, before attempting to address the problem. When an employee is not performing up to expectations, their employer should investigate the problem and take steps to improve the worker’s performance (Suff, 2022). Employers have a responsibility to help their workers develop the skills they need for success on the job, and this includes providing them with coaching, training, and even more time on the job if they are lacking in those areas. To ensure continued employee support, it is important to conduct continuous monitoring of the plan’s progress (Faragher, 2018). The corporation may dismiss the employee for lack of capability if the employee has not progressed despite the employer’s efforts to assist. This action by the company has reduced the possibility of a claim of wrongful termination.

Misconduct is defined as behaviour that goes against a behavioural standard. An employer’s first step in addressing employee misconduct is determining whether or not the actions in question deserve suspension (Suff,2022). The next step is an inquiry of the alleged wrongdoing, which must include a careful review of all factual evidence, including statements from witnesses, recordings from security cameras, etc. In either case, the employer should inform the employee that he will face disciplinary action and that he has the right to be represented at any such hearing by a co-worker or a union official (Suff,2022). Each party must be informed of the decision and their options for appealing it after the hearing is complete.