Letting someone go is never easy, and the law gives employees strong protection. We help Sussex and Surrey employers dismiss fairly and lawfully — following the right process for the right reason, so you can make a difficult decision with confidence it’s been handled properly.
You’re considering dismissing for conduct or performance
An employee is still in their probation period
You think you may have a gross misconduct case
You want to be sure the dismissal is legally sound
To dismiss an employee lawfully you generally need two things: a potentially fair reason (such as conduct, capability, redundancy, or a legal restriction), and a fair procedure to arrive at the decision. Miss either, and even a well-intentioned dismissal can be found unfair.
For a business owner without HR support, this is one of the more important decisions you’ll make. It’s tempting to act quickly when someone isn’t working out — but taking the process step by step is what gives you a fair, defensible outcome.
That’s where MJV Consulting comes in. We make sure the reason is sound, the process is watertight, and the paperwork protects you — so you can move forward with confidence.
A dismissal rests on two things: a fair reason and a fair process to reach the decision. When both are in place — a documented reason, the right warnings, a proper hearing and the right to appeal — you can be confident the outcome is sound and will hold up if it’s ever questioned.
Employment law here is also evolving. Under the Employment Rights Act 2025, the qualifying period for unfair dismissal is expected to shorten, so a sound process matters from an earlier point than before. (ERA 2025 timings are still being finalised.) We make sure yours is solid from the start.
We help you identify and evidence a potentially fair reason — conduct, capability, or another lawful ground — before any action is taken.
We run the correct procedure with you — investigation, warnings, capability or disciplinary meetings — with all the letters and scripts provided.
We help you weigh the evidence, consider alternatives to dismissal, and reach a proportionate, well-reasoned decision that stands up to scrutiny.
Confirm & protect
We confirm the dismissal correctly, calculate notice, handle any appeal, and — where sensible — advise on a settlement agreement for a clean exit.
The framework we work through with every client — and the
version we’re happy to talk through on a free discovery call.
We take the fear out of a difficult decision with clear, practical, legally sound guidance.
✓ Experienced HR professionals who manage dismissals regularly
✓ Advice grounded in employment law and the ACAS Code
✓ All the letters, scripts and documentation prepared for you
✓ Honest guidance on when to dismiss and when to settle
✓ Support with probation, conduct and capability dismissals
✓ Trusted by businesses across Sussex, Surrey and London
The law recognises five potentially fair reasons: conduct, capability or performance, redundancy, a legal restriction (such as loss of a licence needed for the role), and “some other substantial reason”. Having a fair reason is only half of it — you also need a fair process to rely on it. We help you make sure both are in place.
Probation dismissals are usually more straightforward, but they aren’t risk-free — you still can’t dismiss for a discriminatory or automatically unfair reason, and a fair, documented process still matters. This area is changing: under the Employment Rights Act 2025, unfair dismissal is set to become a day-one right, with a statutory probation period expected to apply instead. (The detail and timings are still being confirmed.) We’ll keep your approach current.
Gross misconduct is serious wrongdoing — theft, violence, fraud or a fundamental breach of trust — that can justify dismissal without notice. Even so, you should still investigate and hold a hearing first. A dismissal with no process at all, however clear the facts seem, is the most common reason these decisions are successfully challenged.
Usually yes. Employees are entitled to their statutory or contractual notice unless you’re dismissing for gross misconduct, and you can often pay in lieu if the contract allows it. Getting the final figures right — notice, accrued holiday and any other entitlements — avoids an awkward dispute at the end. We’ll calculate it all for you.
Short-service dismissals have traditionally carried less risk, but that’s changing. The Employment Rights Act 2025 is set to make unfair dismissal a day-one right, so length of service will matter far less than it does now. (Timings are still being finalised.) Either way, a fair reason and a sensible process are the things that protect you, and we’ll help you get both right.
Sometimes. Where a dismissal is likely to be contested, a settlement agreement can give both sides a faster, cleaner and more certain outcome — the terms are agreed, confidential and final. It isn’t right for every situation, but it’s often worth considering. We’ll advise honestly on whether it fits yours and handle it discreetly if so.
If an appeal succeeds, the usual outcome is that the employee is reinstated as though the dismissal hadn’t happened, with continuity and pay restored. That’s exactly why a well-run appeal, heard by someone not involved in the original decision, matters. We’ll help you set the appeal up properly so the final outcome is sound either way.
They’re easy to mix up. Unfair dismissal is about whether you had a fair reason and followed a fair process; wrongful dismissal is a narrower point about not giving the correct notice or breaching the contract; and constructive dismissal is where an employee resigns because your conduct left them no real choice. We’ll help you avoid all three by getting the reason and the process right.
Garden leave is where an employee stays employed and paid through their notice period but doesn’t come into work. It’s useful when you’d rather they weren’t around sensitive information or clients during their notice, particularly for someone heading to a competitor. It only works cleanly if the contract allows for it, which is something we can check or put in place.
Some reasons for dismissal are never acceptable, regardless of how long someone has worked for you — for example dismissing someone for being pregnant, for whistleblowing, for raising a health-and-safety concern, or for asserting a legal right. Because these carry no qualifying service period, it’s worth a quick sense-check before acting. We’re always happy to be that second pair of eyes.
Manage a single dismissal with pay-as-you-go Ad-Hoc HR Support, or have expert advice on tap with a Retained HR Package. You’ll have an experienced HR partner guiding every step.
Explore Ad-Hoc HR Support
Disciplinary & Grievances
Retained HR Packages
Performance Management
Settlement Agreements
Book a free 30-minute discovery call and we’ll talk through your situation and the safest way forward — no obligation, just clear, practical advice.
Your employees deserve a workplace where they can thrive and so does your business. Contact MJV Consulting to explore how our solutions can transform your organisation.
