Instant dismissal
Sacking on the spot aka instant dismissal could land you in hot water. Instant dismissal suggests that the employer it is justified in sacking the employee on the spot due to their actions. In cases where you feel the actions are gross misconduct such as fighting, theft or fraud in the workplace, the advice would be to suspend the employee on full pay whilst you carry out a investigation and gather evidence! Contrary to popular belief, there is no situation that gives you the automatic right to sack an employee on the spot. If you did so, the employee may be able to claim unfair dismissal.
Our advice is ALWAYS follow a fair and reasonable procedure when imposing a dismissal. Where you have employees who have less than two years service, you may think that the extra effort to carry out the procedure is not worthwhile. However, even an employee who has been with you a short time could still accuse you of unfair dismissal and discrimination. By carrying out a disciplinary procedure which documents the reason for dismissal, you will be able to defend such allegations.
Lawgistics members can get Employment Law advice from the legal team.
Our advice is ALWAYS follow a fair and reasonable procedure when imposing a dismissal. Where you have employees who have less than two years service, you may think that the extra effort to carry out the procedure is not worthwhile. However, even an employee who has been with you a short time could still accuse you of unfair dismissal and discrimination. By carrying out a disciplinary procedure which documents the reason for dismissal, you will be able to defend such allegations.
Lawgistics members can get Employment Law advice from the legal team.