Mistakes Employers Are Likely To Make In a Dismissal Meeting

Jul 10

Mistakes Employers Are Likely To Make In a Dismissal Meeting

Dan Hope uses elas.uk.com to provide him with legal advice on employment law changes, health and safety and dismissals so that he knows he’s always on the right side of the law.

Dismissing an employee isn’t something that anyone wants to do but sometimes it’s necessary so here are a few things you should bear in mind.

 

No manager wants to have to dismiss a member of their team but sometimes it’s necessary if you want your team and your business to be successful. However, it’s essential to make sure you go about the firing process correctly because one mistake could come back to haunt you and could become extremely expensive.

  1. It’s essential to make sure you have a signed contract or letter offer for all of your employees. This is a huge advantage for you because it means that you can prove that they understood the terms of their employment and the term that states that they can resign and you can terminate their employment at will.
  2. You should always have all of your workplace policies in writing. Whether it’s just a few pages or it’s a huge document doesn’t matter as long as you ensure that every employee reads it. You need to make sure that all of your policies are clear and in place so that all employees are aware of the boundaries and they know exactly what is unacceptable.
  3. It is perfectly legal for you to fire someone because they are not fulfilling their role but it is essential for you to keep records of appraisals and performance reviews to back this up. As well as this you need to keep records of any warnings or discussions that take place about their performance. If legal action is sought by the employee then you will need this evidence to back up your claims of poor performance.
  4. You need to be sure that you have a legitimate reason for firing an employee such as violating a company policy or policies, poor performance or you’re reducing the work force for economic reasons. Not giving a legitimate reason for dismissal could result in an expensive law suit being brought against you.
  5. Preparation is key when it comes to termination and if you prepare then the termination can be effective from the moment you leave the meeting. You need to work out whether or not the employee is owed any wages or holiday pay and if they are then have a cheque ready to give to them in the meeting. You also need to be aware of any company or employment law that might affect the termination, if you’re unsure then there are plenty of law advisory services that will be able to equip you with the relevant information.
  6. If you’re planning on firing an employee then as soon as the decision is made a meeting with them needs to be organised. If you hesitate after making a decision then either the employee or other member of their team are likely to catch on in which case team morale will be significantly reduced straightaway. If the person themselves find out then they could completely slack off their role or worse still begin legal proceedings against you.
  7. Finally, when you fire someone it will leave a huge hole within a team and in order to be able to maintain the work load you either need to find someone else to take on the role or distribute the work out between other members of the team. It’s essential to have this back-up plan so that you know that you can manage without that team member otherwise it could jeopardise the entire business.