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Kim Nicol Kim Nicol Kim Nicol Kim Nicol
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Why do we need a dismissal process?

Dismissal, Employee Management, Employment Tribunals, Performance Management

Do you have dismissal process?

Last week’s blog was all about easy steps to dismissing staff.  Underlying this you should have a dismissal process in place.

It is important not to bring emotion into decisions to dismiss someone.  Cases have been seen where employees have been sacked by text, sacked in anger or who heard it on the grapevine before the email arrived.  Many of these cases arose because the employer did not like the concern or issue the employee had.  These issues raised from working from home issues, concerns over covid protocols, health and safety and other such issues.  Instead to talking to the employee, understanding their concerns and trying to find a solution to the problem, quick decisions were made.

Understanding employee relations is a great way to avoid fallouts that lead to damaged relationships, low morale and ultimately tribunal claims.  Employees who feel fairly treated, heard and informed are far less likely to raise claims against their employer.

80% of tribunal claims are lost because procedure wasn’t followed. A procedure is there because the law requires it, not just to keep HR happy!

Dismissal Procedure

My 4 Top Tips for having procedures that work and are followed:

 

  1. Educate your directors about the potential financial consequences of following their emotions, rather than their business head and HR procedure when it comes to dismissing staff
  2. Educate managers about why procedures are in place and need to be followed.
  3. Procedure trumps logic/common sense – there may be a commonsense reason to sack someone on the spot, however you cannot dismiss on the spot. You can suspend someone immediately, follow up with a full investigation and then a meeting with the employee, before a decision to dismiss is made.  Procedure always comes first.
  4. Don’t overcomplicate procedures. Managers may miss vital steps, or they will find ways round complicated procedures, leading to mistakes.  Keep it simple

 

If you need help putting a dismissal process in place, or training your managers in this area then do get in touch.

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A LITTLE BIT ABOUT ME

I qualified as a solicitor in 1991, specialising and gaining experience in employment law. I have now been advising and representing employers for over 20 years and defended just about every claim you can think of! I like to provide leaders with clear guidance and direction, creating strong proactive leadership that will protect your business and ultimately take it forward to success.
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  • Kim Nicol
  • Workplace Legal Solutions
  • 36 Fawn Rise, Henfield, West Sussex BN5 9EZ
  • 07595 369 485

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