When You Have to Let Someone Go

Sacking someone is horrible. Even when it's obviously the right decision, even when the person has been warned multiple times, even when they're actively damaging your business — it's still one of the worst experiences you'll have as a business owner. Because unlike cancelling a supplier contract or stopping a beer, you're affecting someone's livelihood and their family.

And if you do it wrong, it'll cost you. Employment tribunals are not theoretical. They happen to small businesses all the time, and the awards can be significant. You need to follow proper procedure: verbal warning, written warning, final written warning, dismissal — with documentation at every stage, reasonable timescales, and the right to appeal. Skip a step because you're angry or fed up, and you've handed them a case.

During probation periods you have more flexibility, but even then you can't discriminate or act unreasonably. After two years of continuous service, an employee gains full unfair dismissal rights, and the burden of proof shifts to you to show the dismissal was fair and the procedure was followed.

Getting proper legal advice before you dismiss anyone is not optional — it's essential. An hour with an employment solicitor costs far less than defending a tribunal claim.

Getting any of this wrong can land you at an employment tribunal. Unfair dismissal claims, discrimination cases, failure to follow proper procedures — these are real risks with real financial consequences, and "I didn't know I had to do it that way" is not a defence.