You may need to consider terminating an employee’s employment.

If the employee has been employed for less than two years continuously you can terminate employment without redress as long as you comply with the employee’s contract and do not do so for a reason which is contrary to anti-discrimination legislation.  

Once you have employed your employee for two years, you may terminate their employment if the reason is due to:

  • Their conduct
  • Their performance
  • Your business no longer has a need for their work or has a reduced need for their work or
  • Some other substantial need of your business  

You must go about that termination in a fair manner. 

In cases of misconduct or poor performance, that will involve appropriate warnings and reviews.

In the event that the reason is related to your business needs, that will involve appropriate notification to your employee, fair selection if there might be more than one employee who might be affected and a proper consideration of possible alternatives to termination in consultation with your employee.

All of these issues can give rise to uncertainty and potential liability if handled incorrectly.  We can help you with those processes and find that a consideration of matters between our employer clients and us before any action is taken avoids the time and expense of claims.


You can find out more about our Services and Charges for Employment Tribunal matters here