Step 1. Confirm you have a fair reason for dismissal
Reacting quickly to something they’ve said or done is one of the most common reasons dismissal processes go wrong. It’s also one of the most common triggers for an employment tribunal claim.
First, check that your reason falls within one of the five legal reasons for dismissal below.
Conduct: the employee's behaviour at work (e.g. persistent lateness, misconduct or gross misconduct)
Capability: the employee's inability to do their job due to skill, aptitude or health, despite being given support
Redundancy: the business no longer needs the employee's role
Statutory restriction: continuing to employ them would break the law (e.g. they no longer have the right to work in the UK)
Some other substantial reason (SOSR): a legitimate reason that doesn't fit the other four categories
Before moving forward:
I've confirmed which of the five fair dismissal reasons applies here
I've considered the facts and haven't assumed anything
I've checked whether the employee has a disability that could be relevant to the dismissal
I’ve checked whether the employee has a protected characteristic, including age, race, sex, or sexual orientation, that could be relevant to the dismissal
I've considered whether this dismissal could be classed as automatically unfair, for example, if it relates to pregnancy, whistleblowing, or a flexible working request
I've spoken to HR or received legal advice before proceeding
Step 2. Follow a fair dismissal procedure and investigate thoroughly
To justify why you're dismissing someone, you need to prove that your beliefs are based on evidence, and that you followed your company's disciplinary procedures throughout.
I've gathered all relevant evidence, such as emails, records, letters, attendance logs, or CCTV footage
I've noted the dates and times of any alleged events or incidents
I've spoken with any relevant witnesses and kept a written record of what they said
We’ve reviewed the employee's contract to understand their notice entitlement and any relevant terms
If company policy requires a separate investigation meeting, we’ve met with the employee to hear their version of events
I’ve documented everything gathered at this stage
Step 3. Hold a fair disciplinary hearing
Once you've established a case for dismissal, you must give the employee a proper opportunity to respond before you make any formal decision. This applies regardless of the reason for dismissal.
We’ve invited the employee to a formal meeting in writing
The invite letter sets out the concerns being raised and the potential outcome, including that dismissal is possible
I’ve given the employee enough notice of the meeting to prepare
We’ve offered the employee the right to be accompanied by a colleague or trade union representative
The meeting is being conducted by someone impartial, not someone already involved in the investigation
We’ve clearly explained the concerns to the employee at the meeting
We’ve given the employee the chance to give their version of events and address any inconsistencies
For conduct dismissals also check:
We’ve clearly set out the allegations discussed at the disciplinary hearing and the potential outcome
We’ve checked that similar cases within the business have been handled consistently
For capability dismissals also check:
We’ve clearly explained the standards the employee was expected to meet, and why they haven't
I’ve offered support, training and a fair review period before reaching this point
We’ve considered any health or disability factors and received specialist advice (if needed)
For redundancy dismissals also check:
We’ve clearly explained the business reasons for the redundancy
We’ve followed a fair selection process with objective criteria
I’ve consulted with the employee throughout
I’ve explored alternative employment options within the business
Step 4: Communicate the dismissal decision
Ending someone's employment is rarely easy, for anyone. But how you communicate the decision to the employee is as important as the decision itself. Be calm, clear, and human about it.
I've taken time to consider all the evidence before communicating a decision
I’ve calmly and factually communicated the decision in person
We’ve explained clearly why we’ve made the final decision
We’ve told the employee what happens next, including their notice period and last day
We’ve informed the employee about their right to appeal
I've kept the outcome confidential, sharing it only with those who need to know (for example, HR)
Step 5: Confirm the dismissal outcome in writing
An outcome letter is a core part of a fair dismissal process and your most important piece of documentation if the employee ever questions the decision.
We’ve issued an outcome letter promptly after the decision
The letter clearly states the reason for dismissal
The letter confirms the employee's notice entitlement and last day of employment
If the employee has at least two years' service and requests a written statement of reasons for dismissal, we’ve provided this or are ready to issue it within 14 days
The letter explains how, when, and to whom the employee can appeal
I’ve kept a copy of the letter on file
Step 6: Keep clear records of the dismissal process
As of April 2026, the Fair Work Agency can request evidence of your dismissal process at any time. Keeping clear documentation is the best way to protect your business.
I've kept a written record of every conversation with the employee throughout the process
We’ve saved all documents (such as meeting invites, notes, and outcomes) used to reach the decision and they’re easy to find
We’ve stored the outcome letter and any appeal correspondence
All records are in line with the company's data policies
Guidance note: This checklist is provided for guidance purposes only and does not constitute legal advice. Dismissal processes can be complex, particularly where conduct, capability, redundancy or protected characteristics are involved. We'd always recommend speaking to a qualified HR professional or employment solicitor before making a decision to dismiss.