The vast majority of commercial enterprises have faced the most difficult challenges arising from the impact of lockdown and the cost-of-living crisis. The consequences have had a game-changing effect on the workplace with many employees still working from home either on a hybrid working basis or full time working from home basis. Communication between employers and employees can become disrupted but when faced with a disciplinary situation it is imperative that employers ensure that the required legal procedures and processes are followed.
In the event of having an underperforming employee that is being considered for dismissal, the minimum procedure for the dismissal to be procedurally fair is that they must be informed that their conduct has been noted and found to be unacceptable and that there is the possibility of dismissal. This should be followed by a meeting where the employee can have the opportunity to address the issue and challenge the possibility of dismissal and put forward any mitigating circumstances by way of explanation.
Daniel Theron, a partner, pointed out "if due procedure is not followed an employee may be considered to have been unfairly dismissed and if a case is brought in the Employment Tribunal the employee will almost certainly be given an award" Daniel further commented "the level of award may be reduced dependent on the nature of the employee's conduct whilst still working in the company and whether, in any event, a fair dismissal may have...
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