Dismissal: Can your solicitor handle the entire process?

Invitation to a preliminary interview

Initiating dismissal proceedings is not without risk. It is important not to overlook any steps. For example, in the case of dismissal on personal grounds, you must invite the employee to a preliminary interview. It is your responsibility to sign the invitation letter. This formality cannot be carried out by someone outside the company, such as your solicitor.

Preliminary meeting

During this meeting, you set out to the employee the reasons why you are considering dismissing them. The employee explains their side of the story regarding the allegations you have made against them. The purpose of the preliminary meeting is to allow you to discuss the matter together.

Please note

The preliminary meeting is mandatory in all dismissal procedures, regardless of the reason (personal or economic), with the exception of redundancies.

During the preliminary meeting, the employee may be assisted by a person of their choice from within the company. In the absence of employee representative bodies, the employee may be assisted by an adviser.

You may also be assisted, but this must not prejudice the employee’s interests. The person assisting you must be a member of the company’s staff. Your solicitor may therefore not be present during this preliminary meeting. Their presence would render the procedure invalid.

Notice of dismissal

If you decide to dismiss the employee, it is your responsibility to notify them of their dismissal. The letter notifying the employee of their dismissal must not be signed by your solicitor.

No, you cannot authorise your solicitor to handle the dismissal procedure. Your solicitor is not an employee of the company and therefore cannot take charge of the entire dismissal procedure.