For obvious reasons, the termination of employment is the event most likely to trigger a potential claim and needs to be handled with caution and sensitivity.  You need to be clear that you have valid grounds for dismissal and ensure that you follow a fair process before any final decision is made. The exact procedural steps required will depend upon and the nature of proposed dismissal and the individual circumstances of the case:

Misconduct: Have you undertaken a fair investigation; conducted a disciplinary hearing; considered the use of warnings?

Performance: Have you issued warnings; targets; improvement plans; offered support?

Incapacity: Have you considered all relevant medical evidence; occupational health guidance; consulted with the employee; considered alternatives and adjustments?

Redundancy: Have you issued warnings; considered selection pools; completed a scoring matrix; undertaken consultation; explored alternatives?

TJD Law can assist with:

• Advice and guidance on the potential grounds for dismissal
• Support with investigations and internal procedures
• Drafting invite and decision letters, warnings and improvement plans
• Conducting a fair internal appeal process
• Defending Employment Tribunal claims for wrongful, unfair and constructive dismissal
• Termination of employment under a Settlement Agreement