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The following describes the minimal statutory procedures that organisations must follow when contemplating the following actions and before any decision is taken or any discussions have begun regarding compensatory termination payments.  This also includes before any discussion has taken place on a compromise agreement.

• Dismissal

• Redundancy

• Gross misconduct

• Terminating the contract of a contract employee

• Terminating fixed-term contracts

• Demoting an employee

• Varying the contract of employment.

Failure to comply with the procedures leaves the organisation at risk of losing an Employment Tribunal claim, no matter what the merit of the case. It may also mean a 50% increase in the compensatory award payable.

Organisations should check their actions against these procedures before acting:

1. Has a letter been sent to the employee, telling them why dismissal or disciplinary action is being contemplated, and inviting them to a meeting?

2.  Has/ will a meeting been held   in which everyone has the opportunity to explain themselves before a decision is reached. 

3.  After the meeting has/will the employee been given a written note informing them of the decision and the reasons for the decision and telling them of the right of appeal?

4. Has/ will a fair appeal meeting be held if requested with a manager more senior than the one hearing the original case?