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Ask Samantha / Discipline & conduct

Discipline & conduct

Can I dismiss an employee?

Answered by Samantha Newton FCIPD, Chartered Fellow CIPD · Last reviewed June 2026

In most cases yes, but only for a fair reason and by following a fair process. The reasons the law accepts are conduct, capability or performance, redundancy, a legal reason (say they've lost the right to work), and what the law calls 'some other substantial reason'. Whichever one you rely on shapes everything that follows.

What lands employers in trouble is rarely the decision itself. It's dismissing with no process behind it: no investigation, no fair warning, no chance to respond, no right of appeal. Get the process wrong and even a fair dismissal can turn into an unfair dismissal claim.

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General guidance to help you decide your next step, not legal advice. Employment law changes, so always check the current position for your own situation.

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