Legislation

You can dismiss an employee at any time, although usually a period of notice must be given. A dismissal will be lawful provided that is done for a fair reason and you have acted reasonably.

The length of notice depends on the length of continuous employment. Instant dismissal is justified in the event of gross misconduct.

Written reasons must be provided if staff have worked for you for at least a year and requests them. Reasons should be given within 14 days of the request. A woman dismissed while pregnant or on maternity leave must always be given written reasons.

A dismissal is deemed fair if the main reason is that the employee is unable to do their job; the employee''s conduct is unacceptable; the employee is legally prevented from carrying out their job; or some other substantial reason. As an employer, you must act reasonably in deciding to dismiss an employee.

Employees can complain to an Employment Tribunal if they believe they have been unfairly dismissed. Self employed, independent contractors, people working outside the UK and some public servants are ineligible to complain to a tribunal.

There are a number of reasons which are automatically unfair. For example it is an unfair dismissal if someone is sacked for being a trade union member; not being a trade union member; being pregnant or on maternity leave; refusing to do shop or betting work on a Sunday; or taking certain action on health and safety grounds.