Employment Rights Act 1996: Primary legislation governing dismissal rights, including unfair dismissal provisions, requirements for written reasons, and statutory notice periods. Key sections cover employee rights and employer obligations during termination.
Equality Act 2010: Legislation protecting against discriminatory dismissal, covering nine protected characteristics and requiring reasonable adjustments for disabilities. Essential for ensuring dismissal decisions are not discriminatory.
ACAS Code of Practice: Practical guidance on handling disciplinary procedures, including requirements for fair hearings, right to accompaniment, appeals process, and conducting reasonable investigations.
Human Rights Act 1998: Ensures fundamental rights are respected during dismissal process, particularly the right to a fair hearing and privacy considerations.
Data Protection Act 2018 and UK GDPR: Regulations governing the handling and protection of personal data during the dismissal process, including requirements for secure record-keeping and data processing.
Internal Company Policies: Company-specific disciplinary procedures, contractual notice periods, and appeal processes that must be followed alongside statutory requirements.
Collective Agreements: Any relevant agreements between employer and trade unions or worker representatives that may affect dismissal procedures.
Industry Regulations: Sector-specific rules and regulations that may impact dismissal procedures in particular industries.
Employment Contract: Individual contract terms that may affect dismissal procedures, notice periods, and other contractual obligations.
Case Law: Relevant precedents from employment tribunals and courts that guide the interpretation and application of dismissal laws.
