10 Legal Do’s and Don’ts When Hiring and Firing

Here at RDC Solicitors, we understand that recruitment and dismissal are pivotal, both for your business and for your employees. Whether you’re onboarding new talent or letting someone go, it’s vital to act with clarity, procedural fairness, and legal compliance. To help, we’ve put together ten essential do’s and don’ts for hiring and firing the right way.

Hiring: The Foundation of Fair Employment

1. Do Use Written Contracts & Be Careful What You Say

Do: Always provide a detailed written employment contract from the start. It establishes expectations, notice periods, pay terms, and helps prevent misunderstandings.

Don’t: Make informal promises, such as quick promotion or salary advances, that you might not deliver. Even if you do, such representations may inadvertently extend notice obligations.

2. Do Ensure Equal Treatment & Avoid Discrimination

Do: Implement fair, objective processes in hiring, regardless of contract type or working hours. Part-time or fixed-term workers should not be penalised compared to full-time staff unless justifiably different.

Don’t: Let bias or assumptions about protected characteristics (age, sex, race, disability, etc.) influence hiring decisions. Discrimination is unlawful under the Equality Act 2010.

Firing: Proceeding with Care and Integrity

3. Do Have a Fair and Legal Reason

Do: Identify one of the five legally accepted grounds for dismissal, whether that is conduct, capability, redundancy, statutory restriction, or other substantial reason. Ensure the dismissal reason is clearly documented.

Don’t: Use personal dislike or informal reasons that don’t meet legal thresholds. This risks being labelled unfair or discriminatory.

4. Do Follow a Transparent, Structured Process

Do: Conduct a thorough investigation, notify in writing, hold a formal hearing, allow representation, and give the employee a clear response. Let them appeal with a fresh decision-maker.

Don’t: Bypass your own policies or the ACAS Code of Practice. Tribunals may penalise you up to 25% if you fail to follow them.

5. Do Keep Detailed Records

Do: Maintain written records of every step including investigations, meeting notes, correspondence, decision letters, and appeals. Good documentation can be your best defence in a tribunal situation.

Don’t: Let decisions go undocumented or rely on memory. Absence of evidence can undermine even fair decisions.

6. Do Respect Notice and Contract Terms

Do: Provide the contractual (or statutory) notice period, or valid pay in lieu of notice. Ensure your contracts include proper flexible exit provisions.

Don’t: Cut notice short or ignore contractual terms. Even minor deviations can amount to wrongful dismissal.

7. Do Avoid Automatically Unfair Reasons

Do: Treat requests for flexible working, maternity leave, whistleblowing, union activity, or health and safety complaints as protected. These cannot justify dismissal.

Don’t: Penalise or dismiss employees for exercising protected rights. It’s unlawful and highly likely to result in claims.

Final Do’s and Don’ts

8. Do Train Decision-Makers

Do: Regularly train managers on employment law, fair process, and equality obligations. This can reduce costly mistakes and reinforce consistency.

Don’t: Leave disciplinary or redundancy decisions to untrained staff. They may overlook legal obligations or act inconsistently.

9. Do Handle Redundancies with Sensitivity and Fairness

Do: Apply fair selection criteria, consult thoroughly with affected staff, consider alternative roles, and follow collective consultation rules when needed.

Don’t: Rush redundancies without consultation or objectivity. That can easily trigger unfair dismissal claims.

10. Do Seek Legal Advice Early

Do: Consult employment law specialists like RDC before making dismissal decisions, especially in complexity or sensitivity. Early advice can prevent tribunal claims and preserve reputations.

Don’t: Wait until after a dismissal to seek guidance. Reactive support is less effective than proactive legal strategy.

Hiring and firing can be legal and ethical minefields. At RDC Solicitors, we help you navigate these decisions with clarity, fairness, and legal confidence. Get in touch early and stay protected by embracing the right processes, avoiding pitfalls, and acting with respect to both your business and your people. For advice and support when recruiting or dismissing employees, call us on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511