Most companies will at some stage have to deal with the conduct of their employees. When doing so it is important to ensure that you understand your responsibilities to the employee in question. Failure to provide a fair process can lead to an unfair dismissal claim or constructive dismissal claim being brought against the employer.

If you or your employer makes the decision to dismiss an individual then the dismissal must falls within one of the categories of potentially fair reasons in section 98 of the Employment Rights Act 1996, which include capability, conduct, redundancy or “some other substantial reason” (SOSR).

In addition, the employer must have taken into account all the circumstances of the case and acted reasonably in how they treated the dismissed employee.


When issues arise in the workplace the first consideration is whether the it can be dealt with under an informal resolution or whether it should be taken through the formal grievance procedure.

In cases involving a serious breakdown of the relationship between employees, employers can often deal with matters through employment based mediation.

Where an employee has a grievance that has a potential legal issue, this should be dealt with under the formal grievance procedure.

If you are an employer, we are able to provide all materials required to assist you in both disciplinary and grievance procedures and issues.

For further guidance contact us at info@dflegal.com

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About DF Legal LLP

DF Legal LLP is a firm of solicitors with offices in Cheltenham, Ledbury, Stroud and Tewkesbury and has been serving the needs of individuals and businesses since 1980.

DF Legal LLP (registered at Companies House OC312315) is a firm of solicitors of England and Wales and is authorised and regulated by the Solicitors Regulation Authority (SRA ID No: 420596)

VAT registration number:
307 9097 42.