An Overview of Dismissal with Notice


Before going ahead with an employee dismissal, you need to make sure that you have followed the right procedure and done so in full. If you fail to follow the correct procedure, the employee may bring a complaint to an employment tribunal.

In the following circumstances, it may be possible to make a dismissal with notice:

  • Dismissal as the final step of a disciplinary procedure. For more guidance about dealing with disciplinary issues, see our Discipline section.
  • When an employee has been made redundant, see the Redundancy section for more guidance about how to deal with redundancies.
  • If an employee has retired, see our Retirement page for more advice on this topic.
  • When an employee becomes incapable of carrying out their duties. This includes the situation where their inability to do their job is due to an absence from work. A dismissal with notice is a possibility where an employee has simply become incapable, for whatever reason, of meeting the demands of their job.  See our two guides that deal with Absence Due to Illness. One deals with short-term absence and the other with long-term. You can also find out more by reading our Poor Performance and Unauthorised Absence topics.
  • In the situation where there is another substantial reason that allows for dismissal. For further guidance on this topic, see our Dismissal for Some Other Substantial Reason guide.

For more details about dismissal without notice call 0207 381 8111 or email the Hylton Potts legal advice experts.