Dismissal

A dismissal occurs when an employer terminates the employee's contract. An employee must be given at least the notice stated in their contract or the statutory minimum notice period, whichever is longer. There are some situations where an employee can be dismissed without notice - e.g. for a gross misconduct offence.

If an employee has at least two years continuous service, they have the right to challenge the decision and claim unfair dismissal. In order to defend a claim, an employer would have to a) have a fair reason for dismissal and b) follow a fair procedure.

Below are five fair reasons an employer can dismiss an employee for:

  • Misconduct
  • Capability
  • Redundancy
  • Illegality
  • Some other substantial reason

An employee with over two years’ service (or if pregnant) is entitled to written reasons for their dismissal.

How can NFU Employment Service help your business with Dismissal:

  • Online Manual Chapters on Unfair Dismissal, Redundancy and Capability.
  • Staff Handbook policies on Redundancy, Capability.
  • Template Letters on dealing with Redundancy, Misconduct and Capability dismissal.
  • Access to our Helpline where our advisers can assist you with your dismissal queries.