Interactive questionnaire: Dismissals for conduct or capability: the statutory procedure

You must have in place disciplinary procedures* which are as good as, or better than, the minimum statutory procedures brought in by legislation in 2004.

If you dismiss someone for any reason (including redundancy, capability, non-renewal of a fixed-term contract, etc) without using a procedure at least equivalent to the statutory minimum then (unless the dismissal falls within certain exceptions) it will automatically be unfair - whatever the rights or wrongs of the underlying cause.

Click here for an interactive questionnaire that will help you determine whether you meet the statutory minimum if you are thinking of dismissing an employee on grounds of misconduct or capability.

*The Employment Act 2002 (Dispute Resolution) Regulations 2004. Also see the ACAS Code of Practice on Disciplinary and Grievance Procedures. While not having legal force, the Employment Tribunal will take into account whether it has been followed when considering whether a dismissal was unfair.