In the context of employment law, one of the biggest risks to
employers is the, often overlooked, two-pronged nature of unfair
dismissal; a need for a valid reason for dismissal and procedural
fairness. The requirement to ensure fair process ensures employees
are given advance notice of performance or conduct issues and
opportunity and support to either turn things around, where
possible, or defend themselves. To avoid the risks of failing to
meet these standards, employers need to plan and implement
disciplinary procedures, which include an opportunity for the
employee to hear the case, respond to it and present their side.
This usually takes place in the context of a formal disciplinary
hearing.