A dismissal is when an employer ends an employee's contract. It’s sometimes referred to as being sacked, fired or the contract terminated.
The council uses fair and reasonable procedures to decide whether to dismiss someone.
Before dismissing an employee, we will:
- believe they have a valid reason for dismissing them
- follow a full and fair procedure, usually in line with the Acas Code of Practice (where relevant)
- make a decision that's balanced, consistent and as fair as possible
Reasons for dismissal
There are 5 potential reasons to dismiss someone fairly.
Whatever the reason for the dismissal, we must have reasonable grounds for treating the reason as sufficient. If the employee wishes to challenge their dismissal, they will have the opportunity to appeal the decision.
1. Capability - when the employee is not able to do the job or does not have the right qualifications
This relates to the employee’s ability to perform the kind of work they were employed to do. Most cases that fall into this category involve employees who are dismissed following a performance improvement procedure or who have unacceptable attendance or have been absence on long-term sick leave.
More Information can be found in performance improvement or sickness absence.
2. Conduct
This is when the employee has done something or behaved in a way that's inappropriate or not acceptable.
An employee may be dismissed for various kinds of wrongdoing (including, but not limited to, theft, drug misuse, safeguarding concerns and violence). It may be deemed misconduct or gross misconduct. If the allegation is deemed to be gross misconduct, the employee can be summarily dismissed; that is without working or being paid for the notice period.
More information can be found in disciplinary.
3. Redundancy
This is when the role is no longer needed.
Redundancy arises where part or all of the organisation is:
- closing, or has already closed
- changing the types or number of roles needed to do certain work
- changing location
More information can be found in reorganisation and redundancy
4. Statutory ban or legal reason
This is when the employee cannot do their job or the employer cannot employ them for legal reasons.
The employee is dismissed because the law makes it impossible for them to carry on in the same job.
Examples of dismissals that are due to a statutory ban or for legal reasons include (but are not limited to):
- where an employee is banned from driving where this is necessary for their role
- where the employee doesn’t have the right to work in the UK
- where an employee loses their professional registration, and they work in a regulated profession
- if the employee works with Children or Vulnerable Adults and they are placed on a DBS Barred List
- where the employee is disqualified from undertaking their role under the Childcare (Disqualification) Regulations 2018
5. 'Some other substantial reason' (SOSR)
The term 'Some other substantial reason' (SOSR) used for a wide variety of other situations. A SOSR isn’t set out in law but would be a substantial reason to justify the dismissal of an employee which is not covered by one of the reasons described above.
Examples of dismissals that could be held to be for "some other substantial reason" include (but are not limited to):
- unsatisfactory references, DBS results or employment checks
- non-renewal of a fixed term contract, where a fixed term contract reaches its expected end date and there is no longer a requirement for the role and no suitable alternative role can be found
- the dismissal and re-engagement of an employee to issue new contractual terms and conditions that the employee has refused to agree
- a personality clash between employees which cannot be resolved despite best efforts that makes it impossible for them to work together
- where there is a conflict of interest, such as where an employee has an outside business, commercial or financial interest that may influence or conflict with their role at the council
- the employee is, or expects to be, imprisoned or faces criminal charges that affect their employment
- where a customer, partner or other third-party refuses to work with the employee, and where the council has taken reasonable steps to change their opinion and isn’t able to find suitable alternative work for the employee
- where an employee’s conduct outside of work may not in itself impact directly on their work but may raise serious concerns about the person’s suitability to remain in their role
- where there is a risk of damage to the council’s reputation by continuing to employ the employee
- situations where the actions of the employee have caused the council to lose trust and confidence in them
- business reorganisation or restructure (where redundancy doesn’t apply), such as where there is either no role for the employee, or the employee refuses to accept changes to their job description or other terms and conditions
- where there are reasonable concerns relating to the safeguarding of children or vulnerable adults, but where the council does not have sufficient grounds for a misconduct dismissal
Even where a dismissal is potentially fair for "some other substantial reason", we will ensure that it follows a fair procedure, demonstrates that the reason is substantial and acts reasonably in dismissing the employee for that reason taking into account all the relevant circumstances.
Where dismissal for some other substantial reason is considered, the employee will be advised of the council’s concerns in writing and or:
- invited to a hearing to discuss the relevant issues
- invited to provide a written response, where appropriate, before any decision to dismiss is made