Dismissal: what happens when the procedure is wrong
16 August 2026
· 1 min
Even with valid grounds, a paperwork error loses the employer the case.
In most employment disputes the employer has valid grounds but gets the paperwork wrong. The court looks at the procedure.
The most common errors
No written explanation is requested. Disciplinary steps are skipped. Notice periods are ignored. The order is poorly reasoned.
The outcome
The employee is reinstated and paid for the period of enforced absence. That is usually counted in months.
What to do
Checking the procedure before deciding on dismissal costs an hour of consultation. The dispute afterwards is measured in months and thousands.