Legal expert Peter Mooney, a consultant with leading personnel software company Employersafe, said:

“Dismissing staff is a complex procedure and employers need to make sure they follow all the correct steps otherwise they could easily end up in a tribunal.

“Firstly, you must send an invitation to a disciplinary hearing in writing to the member of staff concerned. This invitation must set out the basis of the hearing and also refer to any documents the employer intends to rely on.

“The employer must make sure that the person conducting the hearing is not the same person who has conducted the investigation into the allegation.

“The employee must be allowed to have their say and give their side of the story at the hearing. Then the case must be adjourned for the person conducting the hearing to consider both sides and come to a decision.

“Under normal circumstances you can not sack an employee for their first disciplinary unless it is for gross misconduct. However, whatever the decision you must advise the employee that they have a right to appeal.

“When an employee has been working for a company for less than a year, there are some short cuts to the process but these are not straightforward and I would recommend an employer take professional advice.”

Employersafe is a computer programme that guides employers through the legal process when carrying out disciplinary proceedings.