Employment Rights Act 1996: Key legislation governing unfair dismissal (Part X), written reasons for dismissal requirements, and notice period regulations. Essential for ensuring procedural fairness in dismissal processes.
Equality Act 2010: Protects against discriminatory dismissal based on protected characteristics (such as age, gender, disability, etc.) and requires consideration of reasonable adjustments for disabled employees.
ACAS Code of Practice: While not legislation, this code provides essential guidance for disciplinary procedures. Non-compliance can result in up to 25% increase in tribunal compensation awards.
Human Rights Act 1998: Ensures basic rights including fair treatment and privacy considerations in employment matters, including dismissal procedures.
Data Protection Act 2018 and UK GDPR: Governs the handling of personal data during the dismissal process and sets requirements for record keeping and data privacy.
Employment Contract Terms: The specific terms and conditions in the employee's contract that relate to dismissal, notice periods, and disciplinary procedures.
Company Policies: Internal company procedures and policies relating to disciplinary actions and dismissal processes.
Collective Agreements: Any existing agreements with trade unions or employee representatives that may affect dismissal procedures.
Industry-Specific Regulations: Additional regulatory requirements specific to the industry sector that may affect dismissal procedures.
