Employers should follow a fair procedure for dismissals in line with the Acas Code of Practice on disciplinary and grievance procedures.
The Acas Code of Practice mainly applies to those with the legal status of employee.
Someone is not likely to be an employee if they're:
- an agency worker
- a casual worker
- on a zero-hours contract
However, to keep good working relationships, employers should follow the same fair procedure for anyone with the legal status of worker.
If an employer dismisses a worker, it is good practice to tell them:
- why they have been dismissed
- when their employment will end
- they have a right to appeal the decision
It's a good idea to put the dismissal in writing, for example in a letter or email.
Dismissal because of long-term illness
If a worker has a long-term illness, dismissal should be a last resort. The employer should support the worker and help them return to work. This could include making reasonable adjustments if the worker has a disability.
Dismissing someone because they have a disability could be discrimination. This includes some long-term health conditions.
Find out more about disability discrimination
If a worker thinks they've been discriminated against
If a worker thinks they have been unfairly dismissed because of a protected characteristic, this could be discrimination. They could make a claim to an employment tribunal.