BUSINESSES have been warned against failure to comply with new regulations governing dismissal of employees.

More than four months since the new rules were introduced, Sevenoaks law firm Warners claims Kent employers, to their cost, are still failing to apply procedures properly.

Judith Curran, an employment law specialist, says employment tribunals are strictly interpreting the new regulations set out in the Statutory Dismissal and Disciplinary Procedure (SDP).

She said: "Failure to comply with the regulations will almost certainly lead to a finding of unfair dismissal being made against the employer, regardless of the circumstances.

"Tribunals now have the power to penalise companies for failing to comply with SDP by up to 50 per cent of any award made.

"So it’s essential for employers to ensure they are familiar with the regulations before undertaking any disciplinary or dismissal action."

SDP regulations apply to all cases where an employer is considering dismissal or discipline of an employee. The employer must ensure a three-step procedure is followed.

First, the employer must write to the employee setting out the alleged misconduct.

Then both parties must attend a meeting before any action is taken and the employer must explain the reasoning behind the disciplinary action or dismissal and notify the employee of the decision, together with the right of appeal.

Thirdly, the employer must hear the employee’s appeal.