What to check before dismissing an employee

Dismissal is the highest risk decision most small employers make. A little care beforehand can be the difference between a clean exit and a costly dispute. Run through these checks before you act.

Be clear on the reason

Identify the genuine reason for dismissal, such as conduct, capability, redundancy or another substantial reason. A vague or shifting reason is hard to defend. Make sure the reason is real and that you can evidence it.

Check you have followed a fair process

For most dismissals you need a fair procedure: investigation where relevant, a meeting, a chance for the employee to respond, a considered decision and a right of appeal. Rushing the process is one of the most common and avoidable mistakes.

Look at length of service and any extra risks

Length of service and certain protected reasons affect the level of legal risk. Some dismissals are higher risk whatever the service, for example where discrimination, whistleblowing or pregnancy might be involved. If any of these are in play, pause and take advice.

Get the paperwork and final details right

Confirm the decision in writing, deal with notice correctly and handle final pay, holiday and any return of property properly. Tidy administration at the end reduces the chance of an avoidable argument.

Common mistakes to avoid

• Dismissing in the heat of the moment.
• Skipping the right to appeal.
• Giving a different reason later than the one given at the time.
• Getting notice or final pay wrong.

Last reviewed: 19 June 2026. Review before publishing Unfair dismissal rights, qualifying periods and notice rules come from current law and are subject to change. Confirm the current position before relying on it.

This article is general guidance for employers. It is not a substitute for tailored HR or legal advice for your particular situation.