An employer should be vigilant when considering an employee dismissal, ensuring that they carry out an essential enquiry in to the matter at hand, before deciding on a dismissal, as this option should be the last resort.

Before considering a dismissal, an employer should try to resolve any issues on an informal basis, which could involve a private chat with the staff member in question, before deciding the next steps to take.

Employers must ensure that they have written rules regarding disciplinary procedures, and that all staff are aware of these rules and procedures.  

The impact on employers regarding Employment Tribunal fees ending.

As of July 26^th 2017, the Supreme Court ruled Employment Tribunal fees as unlawful, but what does this mean for employers?

The ruling has visibly increased the amount of Employment Tribunal cases, with the Ministry of Justice publishing Tribunal statistics from October to December 2017 showing a 90% increase in the number of single employment tribunal claims.

Transferred redundancy also known as bumping occurs when an employee is dismissed, as their job is taken over by another staff member who was originally made redundant.

The discussion surrounding transferred redundancy is problematic for employers, as there is evident uncertainty regarding whether or not bumping should be discussed with employees during a redundancy consultation, and whether or not the employer or the employee is the first to it up in conversation, there is not actually a legitimate set of language that is currently in place for such discussion.

In the case of Mirab v Mentor Graphics (UK) Ltd, the Employment Tribunal concluded that as the claimant employee did not discuss the idea of bumping or taking on a new role, they decided in favour of the employer.

If an employee began working after the 6^th April 2012, they can only claim unfair dismissal after two years of continuous employment, whereas if they were employed prior to the 6^th April 2012 then they can claim for unfair dismissal after one year of continuous employment.

The costs incurred to an employer in relation to unfair dismissals depend on the circumstances. If the Tribunal decides you are liable, then you may be charged for the compensation award up to £72,300, as well as a basic award of up to £12,900. Although the maximum costs are only awarded in extreme cases, as the tribunal awards compensation based on the reasons for dismissal and the behaviour of the employer in the dismissal process.