What to consider when you just want to sack them!

We often speak to employers who are at their wits end over an employee matter, and telephone us to find a way to exit that employee, fast.

However, when they explain the situation and what it is the employee has allegedly done “this time”, we find that the behaviour, action, or inaction, in itself is actually quite minor.  The employer appears to be feeling the way they do because of a series of minor issues, often over a long period of time, that have not really been addressed. 

If a disciplinary process then occurs with no earlier processes for this type of issue, and the outcome is dismissal, then there is a fairly high risk of an unfavourable outcome for the employer in the event of a personal grievance being raised by the employee regardless of whether the process was fair and reasonable. 

The reason for this is that, as well as needing to have a procedurally correct process, the outcome must be substantively fair i.e. the punishment needs to fit the crime. 

Dismissal can only be a reasonable outcome for a one-off issue where that issue is considered to be serious misconduct; and there needs to be some supporting evidence as to why it is that serious.  It is also important that the label you put on an issue aligns with any descriptions of serious misconduct in your organisations’ documents, such as in employment agreements, handbooks and policies. 

Employers must resist the urge to exaggerate the seriousness of the issue in the heat of the moment so that they can then dismiss, because often in these situations the true seriousness cannot be proven. 

Instead, consider the true impact of what has occurred.  For example, let’s consider the situation where you hear third hand that an employee you have had issues with has now said something negative about you to a client.  This type of behaviour, if it was substantiated, is clearly unacceptable.  But does it warrant instant dismissal?  If you are thinking that it does, you would first need to consider the bigger picture, and what impact the comment has had on your business.  Has this occurred at a time when another process is underway e.g. during a restructure.  Did your client discontinue their relationship with your business, end a contract with you, or take some other action that had a financial impact on your business? 

Often the context is not sufficiently considered.  In the above example, the client may have totally disregarded the employee’s comment because they actually know you and have a very good relationship with you.  Don’t forget that today’s news is usually tomorrow’s fish and chip wrapper. 

If you find your frustration level rising over issues with an employee, remember you can have a free 10 minute discussion with us to determine a productive way forward.