How to lose a guy in 10 days
I've been a naughty blogger this week. It's been really difficult to keep the stream of information flowing due to the circumstances of Fred's situation - however we're all better now.I thought I would provide a quick guide to how to legally fire a person. This will be interesting to everyone - not just employers. This shows how quickly and efficiently you could be "elbowed" out and how you could also have a case right from the first time you hear you are being got rid.
An employer DOES have the facility to lose employees at any time and at any stage that he wants to so long as DUE PROCESS is carried out. If it isn't then he / she is a fool as there is no excuse in an employment tribuneral situation for that and the employee AUTOMATICALLY wins. Remember an employee who is made redundant has actually been DISMISSED in law and therefore there is no difference. It still has to all be handled extremely carefully and sensitively but there are foolproof ways to make it happen fairly painlessly.
Due process is very simple. It should take about two weeks to get through which would be a pain for any would be MD executioner but here is how it works.
Step 1 - Take all your employees into a meeting and tell them there will be redundancies unless they can think of a way to save money for the company. Inform them that volunteers are needed. This may only need to be the department that you are thinking of.
Step 2 - If none come forward then select your candidate not just based on last in first out but on specific duties and savings. Sometimes this is difficult - you must score them all on paper on the basis of time served, cost, attendance, reliability - so long as you can prove that you have SCORED them all you are fine.
Step 3 - Once you have selected your "Candidate / s" tell them that a reduncy discussion will take place at a certain time and date giving them time to bring in a witness for themselves. ALWAYS have a second member of management on the side of the employer as a witness for the conducting manager - if you don't you are leaving yourself wide open. THEY HAVE A LEGAL RIGHT to this witness and failure to grant them this is an automatic breach. In fact you should insist upon it.
Step 4 - Bring the candidate in at the time allotted and explain to them that they have been selected. Ask them to mull this over and come back to you in a few days with any objections. Remember at this time it's only a "proposal" and not final. You are not telling them they are redundant you are ASKING them to consider it at this stage. You should also point out how much money / garden leave (if applicable) and notice they will have to serve. Then you should give them this info in writing only as a notice of PROPOSAL - He / she is still not dismissed. Remember redundancy is still a DISMISSAL IN LAW. END OF MEETING - there will be tears anger etc - don't rise to it. Be pleasant but efficient and stay cool.
Step 5 - Arrange another meeting for another day.
Step 6 - Again with all your witnesses lined up on both sides bring the candidate in and inform them that the final decision has been made. If they are unhappy with this then they may APPEAL. Remember they are still not dismissed!! If they decide to do this then another meeting has to be set and they have top write their appeal down and send it to a higher up person in the company - eg MD or CEO. If they don't want this then they are now dismissed and you can send them a final letter informing them of your sad decision. If they want an appeal then go to step 7.
Step 7 - MD or CEO has a meeting at another date again with all witnesses in place and announces his decision. Sad day for all - get another letter out. He / she is then dismissed.
At this point the employee has been fully CONSULTED and treated in the fairest way (and more importantly legally). The employer has at this point carried out all the STATUTORY requirements. Soft soaping the candidate will help oil the wheels during this process and in a tribuneral (perish the thought) help the advisors to look favourably on the employer. For example a gesture of good will like a weeks extra wages thrown in or an official presentation - difficult as that may be.
My father is retired but he still sits on the NI Fair Employment Tribuneral. He says that cases get found in favour of employee on a nearly DAILY BASIS because the above 6 easy steps are not followed. That's a lot of legal fees, a lot of court clogging, a lot of wasted money and a lot of stress and unnecessary upset on both sides over something which looks to me to be very simple and straightforward.
The Party's Over Guys...
posted by Freddy @ Saturday, September 24, 2005
Comments: 2
