This will depend on the circumstances surrounding the firing, as each dismissal and dismissal process will turn on its facts. Generally, UK employers must ensure that they have a fair reason for dismissal. The five potentially fair reasons for dismissal are conduct, capability, illegality, redundancy or some other substantial reason. Where there is a genuine and valid reason for the dismissal, the employer must still show that they acted reasonably and followed a full and fair procedure, as failure to do so can lead to unfair dismissal claims.
However, an employee’s rights on dismissal will very much depend on how long they have worked for their employer. At least in theory, an employer could follow an expedited dismissal process for an employee with less than two years’ service – however, employees would still be eligible to bring whistleblowing and discrimination claims.
Employers must also ensure that employees are given proper or sufficient notice of termination of employment, as failure to do so can lead to a wrongful (or breach of contract) claim.
Employers often consider a termination of employment on mutually agreed terms. Rather than go through capability, disciplinary or redundancy proceedings, with the risk of subsequent litigation and in some cases negative publicity, it is sometimes commercially beneficial to start “without prejudice and subject to contract” exit negotiations with a view to reaching a financial settlement which is recorded in a settlement agreement.
Learn More: UK Founder Series: Departing Founders and Founder Fallouts