We’ll often be told that ‘it’s okay – the decision to dismiss the employee was a shaky one, but we’ve since discovered new facts that show the dismissal was fair’.
In reality, when deciding whether a dismissal is fair a tribunal gives little consideration to facts found after a decision to dismiss (as confirmed by this recent Employment Appeal Tribunal decision).
Honest belief – for a dismissal to be fair you must show that you had an honest belief that the employee did whatever is alleged. That belief must be based on reasonable grounds and following a reasonable investigation.
At the time of your decision – if you can demonstrate each of the above elements at the time you made the decision to dismiss, then you’ll be on your way to a fair dismissal (although you’ll still have a little more to do including showing that the decision fell within a ‘band of reasonable responses’ before a tribunal finds as such).
Influencing compensation – you may be able to use new-found facts to influence any compensation awarded once a tribunal has decided a dismissal was unfair. But,arguments that those facts validate your decision to dismiss will not convince a tribunal that the dismissal was fair.
Getting the right advice early will help ensure your decision-making process is as fair and robust as possible – Intelligent Employment is here to help. Find out more.
