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Topic: Disciplinary, capability and dismissal

post-dismissal checklist
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Post-dismissal checklist

Post-dismissal checklist

This checklist should be used following all dismissals to assist in compliance with legal requirements.


Also see our Pre-Dismissal Checklist and its introduction for matters to be considered prior to dismissing employees including those relating to restrictive covenants and garden leave.


Providing references

There is no obligation on you to provide a reference unless required to do so, for example by a regulatory body or by the terms of a settlement agreement with an employee.  However, it is relatively unusual for an employer to refuse to supply one and a refusal may be discriminatory. Some employers adopt a policy of providing only factual information (such as dates of employment, position held and salary) when asked for references. This is acceptable providing it is applied in all cases.  A reference may also be provided as a response to a request for specific details by a prospective employer. Regardless of the type of reference, you owe the employee a duty of care to ensure that it is accurate.


Practical aspects

There are many practical and administrative issues to think about and our Post-Dismissal Checklist provides a useful tick-off list to ensure a smooth and, if necessary, controlled departure.


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