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Dismissals and terminations 2016
This document provides guidelines for effectively dismissing and terminating employees, with a focus on establishing clear procedures and best practices. It covers topics such as types of dismissal, the steps for conducting internal investigations, and considerations for disciplinary actions. Additionally, it outlines strategies to handle unfair dismissal claims and emphasizes the importance of fairness and consistency throughout the process.
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Dismissals and terminations 2016
- 1. Go from goodto great… by DISMISSING and TERMINATING employees effectively London HR and Training 2016
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- 3. Intro - LondonHR 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 Page 3
- 4. Contents 5-6 Definitions 7-8 Reasonsto 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…
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- 6. Definitions • Dismissal • Termination •Firing • Sacking • Grievance Page 6
- 7. Reasons to haveprocedures in place
- 8. Reasons to haveprocedures in place • Disciplinary • Grievance Page 8
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- 10. Types of dismissal •Wrongful dismissal • Unfair dismissal • What constitutes fair Page 10
- 11. Steps involved when conductingan internal investigation
- 12. Steps involved whenconducting 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 Page 12
- 13. Steps involved whenconducting 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
- 14. Areas to considerwith investigations
- 15. Areas to considerwith investigations • Matters relating to conduct • Matters relating to poor performance Page 15
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- 17. Poor performance What anemployer 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 Page 17
- 18. Instances where a disciplinarysystem may be used
- 19. Instances where adisciplinary system may be used • Capability/performance • Conduct Page 19
- 20. Stages of thedisciplinary process
- 21. Stages of thedisciplinary process • Letter • Meeting • Appeal Page 21
- 22. Key considerations with disciplinaryinterviews
- 23. Key considerations with disciplinaryinterviews 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
- 24. Key considerations with disciplinaryinterviews 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 Page 24
- 25. Key considerations with disciplinaryinterviews 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 Page 25
- 26. Potential outcomes following adisciplinary interview
- 27. Potential outcomes followinga disciplinary interview • No action • Warnings • Dismissal Page 27
- 28. Facing an unfairdismissal claim?
- 29. Facing an unfairdismissal 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
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- 31. Unfair dismissal andqualifying periods • Before 6 April 2012 • On or after 6 April 2012 • Exceptions Page 31
- 32. Recent case: disability discriminationand unfair constructive dismissal
- 33. Recent case: disability discriminationand unfair constructive dismissal • Private Medicine Intermediaries Ltd. and others v. Hodkinson Page 33
- 34. Potential fair reasonsfor dismissal
- 35. Potentially fair reasonsfor dismissal Employment Rights Act 1996 • Redundancy • Capability or qualifications • Breach of statutory restriction • Conduct OR • Some other substantial reason Page 35
- 36. Rules to rememberwith dismissals and terminations
- 37. Rules to rememberwith dismissals and terminations • Remember the golden rule • Be considerate • Be reasonable and fair • Be savvy and strategic • Be classy, be careful, be cautious… Page 37
- 38. Best practice withdismissals and terminations
- 39. Best practice withdismissals 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 Page 39
- 40. Best practice withdismissals 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 Page 40
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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 Page 42
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- 44. Grievance policy andpractice • Informal handling • Formal handling Page 44
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- 46. Formal grievance procedures Stepstypically 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
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- 49. To sum itup…
- 50. To sum up… •Conclusion • Summary • Videos • Useful links Page 50