Unfair Dismissal: The Reasonableness of Dismissal Episode 3

The Employment Law & HR Podcast

In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.

In this episode 225 I will cover:

• What the test for reasonableness is in accordance with the Employment Rights Act 1996
• The two elements of a reasonable dismissal, Procedure and Substantive Fairness
• What the fundamentals are for a reasonable dismissal decision
• The different reasonableness and procedural requirements for each of the potentially fair reasons
• What the range of reasonable responses test is
• What you need to do to fairly investigate a conduct allegation
• What you can do if you have more than one ‘suspect’ in an allegation of misconduct
• How to deal with performance issues in order to fairly dismiss an employee for poor performance
• What you need to consider before dismissing an employee

Action Points

Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.

Helpful Links

Employment Rights Act 1996

BHS v Burchell

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