In the past couple of years we saw a few harsh/brutal dismissals (e.g. sacked by text, sacked in anger, heard it via the grapevine before my email arrived etc.) arising out of an employer not liking the concerns or issues their employee raised, whether in relation to covid protocols, home working, H&S or other issues.
Often the employee just walks away wanting to get on with their life, but of course, some seek reparations. Invariably in these situations, there is a finding of unfair dismissal from the Tribunal.
Learning points:
- High emotion (and too much ego) tends to blunt our common sense, resulting in procedure rarely being followed as it needs to be, to ensure the dismissal is safe (or as safe as it can be). So NEVER send out a text or email in anger. Write it, but then sit on it overnight so you have time to reflect.
- While you are reflecting to ensure procedure is followed, as per our suggestion above, make sure you consider the employee relations issues too so that you minimise the likelihood of any claims being brought.
80% of tribunal claims are lost because procedure wasn’t followed
Also, 20 years ago we remember advising managers that 80% of unfair dismissal claims that are won at Tribunal are won simply because the company failed to follow the correct procedure, and not because there were no grounds for dismissal. Unfortunately, our advice on this remains pretty similar. Time after time after time when we read through Employment Tribunal outcomes, the employer is losing simply based on procedure. Please do make sure that your managers know how easy it is to mess up process, leaving the business financially exposed.
Our 6 top tips on managing emotionally charged dismissals:
- An investigation can’t be shoddy or shallow. If the procedure requires you to do an investigation, make it as thorough as is sensible and the circumstances allow. A five-minute investigation followed by five minutes of consideration time is not sufficient!
- A procedure is not there just to make your HR person happy – it’s there because the law requires you to follow a fair procedure. So, follow it. No cutting corners.
- Educate managers about why procedures are in place and why they need to follow them. It might be going back to basics, but in our experience some managers don’t even know where to find the relevant procedure, let alone understand the importance of following it.
- Educate your directors about the potential financial consequences of following their emotions rather than their business head when it comes to dismissing staff.
- Procedure trumps logic/common sense – if you believe that it is a logical response to dismiss on the spot (e.g. when finding someone taking drugs at work) don’t forget … procedure trumps logic. In this example, you cannot dismiss on the spot, you must suspend, investigate and then meet with the individual before any decision to terminate is made. Be self-disciplined enough to put logic aside and follow your procedures!
- Don’t overcomplicate procedures otherwise you create trip hazards when it comes to expecting managers to follow them. Keep them as simple as possible, following ACAS guidelines. If necessary, go back to the drawing board and redraft. Beware: you may need to consult with staff if removing some policies and replacing them with a variation on a theme.
Hopefully this has given you a little food for thought. We have all the documentation you need to manage a professional dismissals process on Docs Wizard. Take a look at the managing dismissals section on our website, included in both essential and premium membership. If you have questions or would like support (we can offer support on a pay as you go basis) please do get in touch with one of the team at Jaluch.