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This Practice Note examines the procedure that an employer should follow in order to manage the fair dismissal of an employee for conduct reasons and to minimise the risk of unfair dismissal.

Employees with sufficient length of service and who otherwise meet the qualifying criteria have statutory protection from unfair dismissal (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal). To avoid a finding of unfair dismissal, employers need a fair reason to dismiss. One of the potentially fair reasons for dismissing an employee is conduct (see Practice Note: Reason for dismissal—general—Potentially fair reasons). However, in order to dismiss an employee fairly because of their conduct, employers must also follow a fair procedure which (except in cases of gross misconduct where dismissal is justified) allows employees sufficient opportunity to improve. Ultimately it must be shown that dismissal is a fair sanction to impose.

Further guidance on the fairness of dismissals for misconduct is given in Practice Note: Reason for dismissal—conduct and it is recommended that those advising on this issue also refer to