Beware the new pitfalls when you want to sack an employee, warns NEIL MAIDMENT, partner and head of the employment group at Rollits.

IT IS now almost two months since new statutory minimum procedures came into force for dealing with dismissals, some disciplinary issues and grievances. Already it is evident that these are throwing up a range of problems.

On the face of it the procedures should be workable for most employers. The key stages in any dismissal are to:

Send a letter to the employee setting out why you are contemplating dismissal and inviting him to a meeting to discuss - make sure the employee is aware he can be accompanied by a colleague or trade union representative and that he has time to consider what he wants to say at the meeting

Hold the meeting and give the employee a full opportunity to state his case. After an appropriate adjournment give the employee your decision and make him aware of his right of appeal

If the employee appeals make sure that a further meeting is held by (wherever possible) a more senior manager.

Also, each step must be taken without unreasonable delay, when you write to the employee he needs to be aware that the matter is a dismissible offence without it looking like you have already come to a conclusion and, if an employee does not turn up to a meeting, that may not be an end to your obligations. The scope for argument is huge.

The employer's difficulty is that one failure to follow these procedures will render a dismissal automatically unfair and any compensation awarded will be increased by up to 50 per cent.

On the other hand, following these procedures will not necessarily make a dismissal fair - tribunals are entitled to look at a wider range of circumstances in deciding that.

There will also be a further penalty if it transpires that there was no contract or an inadequate one in place. Any contract now has to refer to these new procedures.

Also, these procedures apply to a wide range of dismissal scenarios. You may be used to holding these types of meeting in cases of misconduct or poor performance but is this how you would deal with someone on long-term, ill-health absence or at risk of redundancy?

The new grievance procedures similarly require you to have two stages of meeting and put a greater onus on an employer to clearly identify when someone is raising a grievance rather than just having a general moan.

Employers need to be aware of these new pitfalls and ensure those making decisions about discipline in the workplace know the importance of following the correct procedures.

Updated: 09:32 Tuesday, November 23, 2004