‘Get it right or face action’: FREE breakfast seminar offers vital advice on how to say goodbye to a troublesome employee.
By Wilkin Chapman LLP | Posted: 23 Oct 2018
A ‘troublesome’ worker is not necessarily a ‘sackable’ one – so how do you go about letting them go without risking a costly and timely employment tribunal?
Wilkin Chapman Partner and Head of Employment Law, Teresa Thomas is leading a free-to-attend HR Forum, which will provide essential information for employers who are faced with such a dilemma.
And she stresses just how vital it is for companies to ‘get it right’, as the abolition of fees to lodge Employment Tribunal claims has seen a large rise in such action.
As reported, following a Supreme Court ruling 15 months ago former employees do not have to pay £1,200 to officially start Employment Tribunal proceedings. Acas has reported a 39 per cent year-on-year rise in cases as a result.
“There is little doubt that the abolition of these fees has been an incentive for many to lodge claims when previously they would have thought twice before doing so.
“It is therefore even more important for employers to ensure they are as confident as they can be that appropriate measures are being taken, and followed when looking at action against any member of staff,” said Teresa.
Scenarios covered in the morning seminar, at Wilkin Chapman’s Grimsby headquarters on Tuesday November 6, include SOSR (Some Other Substantial Reason) dismissals.
Examples Teresa will highlight include incidents when employees may be sent to clients’ sites to carry out work. The client has complained, saying they do not want the employees back, but the complaint does not justify gross misconduct.
“In such a case there may not be sufficient reason to terminate that individual’s employment for misconduct or poor performance, however the employer may not have another role for that person – so what do they do?” explained Teresa.
Other areas may include a worker who does not align themselves to a company restructure and is refusing to sign new terms and conditions or a case where trust and confidence has broken down in the working relationship.
“This seminar and workshop will explore just what an employer should establish for a fair dismissal and what procedures need to be followed,” added Teresa.