We have to remember that the famous "You're Fired" statement by Sir Alan Sugar is for TV purposes only in the reality show ‘The Apprentice'. In real life this would be seen as bullying and intimidation and likely to lead to an unfair dismissal claim and a big pay out.

There are instances where you can fire on the spot and this can only be done under a modified procedure where the employee is caught ‘red handed' but this procedure can be fraught with danger.

In October 2004 a new Statutory Minimum Procedure (SMP) on regulating dismissals (as well as disciplinary procedures and grievances) was introduced. Sanctions were also introduced at the same time whereby if the specified minimum procedures were not followed a dismissal would be automatically unfair and any compensatory award that an Employment Tribunal orders would increase the compensatory award by between 10% and 50%.

If you fail to follow the SMP you might just as well decide to settle rather than fight any such claim.

Here's an overview of the 3-step procedure:

Step 1

Write to the employee notifying them of what they are alleged to have done wrong and set out the basis for the allegations and invite them to a meeting to discuss the matter. (In the case of redundancy, set out the reasons for identifying them or their position as being ‘at risk').

Step 2

Hold a meeting to discuss the allegations (with redundancies following the consultation points) – at which the employee has the right to be accompanied. Notify the employee of the decision and the right to appeal.

Step 3

If the employee wishes to appeal hold an appeal meeting (if the employee wishes to appeal) at which the employee has the right to be accompanied. Notify the employee of the decision.

About the author
Carol Ann Guilford, FCIPD is Director of HR Solutions (Consultancy) Limited, an HR consultancy with over 20 years experience. They offer a wealth and variety of experiences to draw upon to provide valued professional, practical 'hands on' advice and support. HR Solutions has associate consultants and contacts that can provide an integrated 'one stop shop' of HR support for all your needs.