If there is a claim for unfair dismissal the employer will generally always be on the back foot and the onus will be on the employer to show that the dismissal was fair. One of the key areas always reviewed by a tribunal is whether or not the employer followed the proper procedures.

With that in mind, it should first be said that prevention is better than cure.  It is far better to prevent problems arising in the first place:

If staff are given contracts of employment when they start work – including rules for absence, timekeeping and discipline, as well as details of pay, holidays etc – then there will be less opportunity for ambiguity if problems arise in the future.

The use of the formal disciplinary (and grievance) procedures should be considered a 'last resort' rather than the first option. Many problems can be sorted out through informal dialogue between managers and staff –a 'quiet word' is often all that's needed.

Although employers can be flexible about how formal or extensive their procedures need to be, there is a statutory procedure they must follow as a minimum if they are contemplating dismissing an employee – or imposing certain kinds of penalty short of dismissal such as suspension without pay or demotion. Unless employers follow the statutory procedure, employment tribunals will find dismissals automatically unfair.

The statutory procedure involves the following three steps:

• A statement in writing of what it is the employee is alleged to have done
• A meeting to discuss the situation
• The right of appeal

The statutory procedure is the minimum standard.

Employment tribunals expect employers to behave fairly and reasonably.

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Dismissal procedures