If you dismiss someone for whatever reason you must tell them, it is not enough that it is implied.

The best and most certain way is to tell them in person and then confirm it in writing. A text or email should not be used on their own as they can get lost, go in to junk mail or spam. You should also check the employment contract to ensure that you are complying with any contractual obligations.

A recent case confirmed this employment law position and although this was in relation to an agency worker it applies to everyone.

The employee was an agency worker employed by the agency but working on assignment at another company. When her assignment ended, the agency failed to take any steps to find her other work and assumed that she was not interested in further agency work.

The employee made no attempt to contact the agency, but subsequently brought a claim of unfair dismissal. On appeal, the EAT held that in the absence of any communication of dismissal by the employer and no resignation by the employee, there was no dismissal, nor could one be implied by the inaction of the employer. The employment relationship was, therefore, still continuing when the employee brought her claim, she could not prove she had been dismissed, and her claim failed.

To prove dismissal, the employer’s unequivocal intention to dismiss must be communicated to the employee.

Please contact Iain Lock on 01920 463777 or by email ilock@qandalaw.co.uk if you require any help or advice on any employment law issue.