What is fair treatment?

In relation to unfair dismissal rights, you must:

  • have a good reason to dismiss the employee (and the burden is on you the employer to establish this), and
  • act fairly, taking into account all the circumstances of the case, when reaching a decision to dismiss an employee on conduct grounds.

If you fail to do this, the employee may successfully claim unfair dismissal.

Also in relation to dismissals and action short of dismissal, you must follow the ACAS Code.

It should be noted, however, that the Code simplifies unfair misconduct and poor performance dismissal law but, as it is not comprehensive, it is possible for a tribunal to find a dismissal unfair even though the employer has followed the Code.