Half day open training event held in London, England on how to conduct the dismissal/termination of an employee as professionally and efficiently as possible, whilst minimising the pain and suffering involved.
3. 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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4. Contents
5-6 Definitions
7-8 Reasons to have procedures in place
9-10 Types of dismissal
11-13 Steps involved when conducting an internal investigation
14-15 Areas to consider with investigations
16-17 Poor performance
18-19 Instances where a disciplinary system may be used
20-21 Stages of the disciplinary process
22-25 Key considerations with disciplinary interviews
26-27 Potential outcomes following a disciplinary interview
28-29 Facing an unfair dismissal claim?
30-31 Unfair dismissal and qualifying periods
32-33 Recent case; disability discrimination and unfair constructive dismissal
34-35 Potentially fair reasons for dismissal
36-37 Rules to remember with dismissals and terminations
38-40 Best practice with dismissals and terminations
41-42 Best practice with investigations
43-44 Grievance policy and practice
45-46 Formal grievance procedures
47-48 Exercise
49-50 To sum up…
12. 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
involved
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13. 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’
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17. Poor performance
What 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 standards
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23. 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
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24. 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 story
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25. 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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29. 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
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35. 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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37. 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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39. 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
belongings
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40. 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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42. 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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46. 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
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