In order for a dismissal to be fair, an employer must have a fair reason to dismiss and must follow a fair procedure. Failure in either one will make a dismissal unfair entitling the aggrieved employee to compensation should employment tribunal proceedings be commenced.
Section 1 of the Employment Rights Act 1996 requires that employees are provided with a copy of their employers disciplinary procedure – but the procedure should not ever form part of the employee’s contract of employment. Should it, any breach of process by the employer may hand the employee a breach of contract claim, and in some instances claim for constructive unfair dismissal ad / or an inability to enforce post-employment restrictions.