dismissals and terminations 2016

Go from good to great… by DISMISSING and

TERMINATING employees effectively

London HR and Training

2016

Introduction

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Intro - London HR and Training

• London HR and Training is a specialist human resources and training consultancy headed by Timothy Holden

• 10 years in banking• 20 years in training and human resources• Business owner since 2007• The core services provided by London HR and

Training are:- Reducing costs and saving time through bespoke HR initiatives and projects- Training course design and delivery- Services for job seekers

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Contents5-6 Definitions7-8 Reasons to have procedures in place9-10 Types of dismissal11-13 Steps involved when conducting an internal investigation14-15 Areas to consider with investigations 16-17 Poor performance18-19 Instances where a disciplinary system may be used20-21 Stages of the disciplinary process22-25 Key considerations with disciplinary interviews26-27 Potential outcomes following a disciplinary interview28-29 Facing an unfair dismissal claim?30-31 Unfair dismissal and qualifying periods32-33 Recent case; disability discrimination and unfair constructive dismissal 34-35 Potentially fair reasons for dismissal36-37 Rules to remember with dismissals and terminations38-40 Best practice with dismissals and terminations41-42 Best practice with investigations43-44 Grievance policy and practice45-46 Formal grievance procedures47-48 Exercise49-50 To sum up…

Definitions

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Definitions• Dismissal• Termination• Firing• Sacking• Grievance

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Reasons to have procedures in place

Reasons to have procedures in place

• Disciplinary• Grievance

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Types of dismissal

Types of dismissal• Wrongful dismissal• Unfair dismissal

• What constitutes fair

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Steps involved when conducting an internal

investigation

Steps involved when conducting an internal

investigation 1 of 2• Be open to and encourage complaints of harassment, discrimination or other inappropriate conduct

• Treat all complaints seriously• Immediately investigate all such

complaints by interviewing the complaining employee, the alleged harasser and all potential witnesses

• Document the investigation interviews• Review HR files and other relevant

organisational documents for the employees involvedPage 12

Steps involved when conducting an internal

investigation 2 of 2• Evaluate the information gathered, make a determination about hat is believed to have happened based on this information and document the determination

• If needed, implement remedial measures designed to eliminate the problem conduct and prevent similar situations in the future

• Communicate the results of the investigation to the complaining employee and the alleged harasser

• Follow up to check for ‘workplace healing’Page 13

Areas to consider with investigations

Areas to consider with investigations

• Matters relating to conduct• Matters relating to poor

performance

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Poor performance

Poor performanceWhat an employer needs as evidence• Clear communication about standards

of performance • Provision of adequate training and

support• Reasonable standards• Warning was given• Reasonable time was given to correct

performance• The employee failed to meet the

standardsPage 17

Instances where a disciplinary system

may be used

Instances where a disciplinary system may

be used• Capability/performance• Conduct

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Stages of the disciplinary process

Stages of the disciplinary process

• Letter• Meeting• Appeal

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Key considerations with disciplinary interviews

Key considerations with disciplinary interviews 1

of 3• Ensure all the facts are investigated in advance and plan how the meeting is to be approached

• Make sure the employee knows from the invite letter the reason for attending and the right to have a companion present

• Make sure reasonable notice is provided• Provide appropriate statements from

people involved in advance of the meeting, plus key information to be relied upon Page 23

Key considerations with disciplinary interviews 2

of 3• Make sure another member of management can be available to take notes and help with the interview

• Never pre-judge the outcome of the interview before hearing from the employee

• Start the interview by stating the complaint to the employee and refer to appropriate statements

• Give the employee ample opportunity to put forward their side of the storyPage 24

Key considerations with disciplinary interviews 3

of 3• Employers can call witnesses but they need to leave the room after their input

• Adjournments can prove useful to use• Deliver the decision, confirm review

period and provide details of the appeal process

• Confirm the decision in writing• Make sure everyone involved in

disciplinary action is aware of the correct procedure to be followed

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Potential outcomes following a disciplinary

interview

Potential outcomes following a disciplinary

interview• No action• Warnings• Dismissal

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Facing an unfair dismissal claim?

Facing an unfair dismissal claim

Approaches to strengthen the employer’s position • Timely investigation• Consistent and fair procedure• Follow procedures to avoid dismissal if

possible• Clear rules and procedures are

available to all managers• Ensure rules and procedures are

understood by all members of the workforce Page 29

Unfair dismissal and qualifying periods

Unfair dismissal and qualifying periods

• Before 6 April 2012• On or after 6 April 2012• Exceptions

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Recent case: disability discrimination and unfair constructive

dismissal

Recent case: disability discrimination and unfair

constructive dismissal• Private Medicine Intermediaries

Ltd. and others v. Hodkinson

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Potential fair reasons for dismissal

Potentially fair reasons for dismissal

Employment Rights Act 1996• Redundancy• Capability or qualifications• Breach of statutory restriction• Conduct OR• Some other substantial reason

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Rules to remember with dismissals and

terminations

Rules to remember with dismissals and terminations

• Remember the golden rule• Be considerate• Be reasonable and fair• Be savvy and strategic

• Be classy, be careful, be cautious…

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Best practice with dismissals and terminations

Best practice with dismissals and

terminations 1 of 2• Think about the day in the week• Involve the supervisor and have the

letter available• Complete the process in a business-

like manner• Request the return of the

organisation’s equipment• Consider dignity for collecting

personal belongingsPage 39

Best practice with dismissals and

terminations 2 of 2• Care is needed over confidential information

• Locks and access codes may need to be changed

• Decide on how the information should be conveyed to colleagues, and possibly consult the employee about this

• Provide a complete record of employment the next working day

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Best practice with investigations

Best practice with investigations

• Deal with issues promptly, fairly and consistently

• Carry out required investigations to gather the relevant facts of the case

• Communicate facts and findings to the employee

• Allow the employee to put forward their response

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Grievance policy and practice

Grievance policy and practice

• Informal handling• Formal handling

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Formal grievance procedures

Formal grievance procedures Steps typically involved

• The employee should be asked to give details of their grievance to their employer in writing

• The employer should investigate the employee’s grievance

• The employer should then send a letter to the employee inviting them to a meeting to discuss

• There should be a right of appeal Page 46

Exercise

Exercise

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To sum it up…

To sum up…• Conclusion• Summary• Videos• Useful links

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