The Employment Law & HR Podcast

Unfair Dismissal: The Reasonableness of Dismissal Episode 3


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In this weeks' episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.

In this episode 225 I will cover:
  • What the test for reasonableness is in accordance with the Employment Rights Act 1996
  • The two elements of a reasonable dismissal, Procedure and Substantive Fairness
  • What the fundamentals are for a reasonable dismissal decision
  • The different reasonableness and procedural requirements for each of the potentially fair reasons
  • What the range of reasonable responses test is
  • What you need to do to fairly investigate a conduct allegation
  • What you can do if you have more than one 'suspect' in an allegation of misconduct
  • How to deal with performance issues in order to fairly dismiss an employee for poor performance
  • What you need to consider before dismissing an employee
Action Points

Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.

Helpful Links

Employment Rights Act 1996

BHS v Burchell

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

The types of training we can deliver for you are:

  • An introduction to the Equality Act
  • Equality and Diversity Training
  • An introduction to disciplinary & grievance processes and the law
  • Holding effective 1:1's
  • Appraisal training—Introduction
  • Appraisal training—Refresher
  • Holding difficult conversations
  • Effective root cause analysis
  • Giving and receiving effective feedback
  • Dealing with change & change management
  • Time management
  • Absence management
  • How to carry out a disciplinary investigation
  • Managing the disciplinary process
  • Managing the grievance process
  • Performance and capability management
  • Assertiveness & managing confidently
  • The skills required to be a good manager
  • An introduction to mental health at work for managers

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

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The Employment Law & HR PodcastBy Alison Colley, Solicitor from Real Employment Law Advice

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