Under Schedule 1 of the Employment Rights (Northern Ireland) Order 1996 there is a statutory dismissal procedure that employers should abide by whenever seeking to dismiss an employee. The procedure is as follows:

• The employer must set out in writing an explanation as to why they have decided to take disciplinary action. This should include the employee’s alleged conduct or other circumstances as to why the employer is contemplating dismissing the employee.

• Next, the employer must arrange a meeting with the employee who has the right to be accompanied by a colleague or a union representative. The meeting is usually chaired by a manager at the company. This is an opportunity for the employer to state their case before the employee who will have an opportunity to respond.

• Once a decision has been made and communicated to the employee, they will have the opportunity to appeal, if they are unhappy with the outcome. In an appeal going forward, it should be led by a different manager than the original disciplinary chairperson.

If an employer fails to abide by the three-step procedure, under Article 130A of the Employment Rights (Northern Ireland) Order 1996 a dismissal is automatically unfair regardless of whether the reasoning for the dismissal good and lawful. In fact, compensation awards for the claimant in these instances may be adjusted up or down by up to 50% if either party to an unfair dismissal claim does not follow the statutory dismissal procedure steps.

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HR Toolkit | eLearning Course
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