Terminating an employee that has raised a grievance

Xbigman

xapprenticex wrote: »

OP, assuming you are not a troll, you wont get an answer here, the tone was set from the first reply and followed from there. If you want real advice, i advise your boss pay a little money for a session with a solicitor or something.

The tone was set in the original post which made the poster look very poor. The OP's boss, and the OP too in my opinion, are the reason employment laws exist.



Darren

Lavendyr

Um.

https://forums.moneysavingexpert.com/discussion/5815627

....

gettingtheresometime

Lavendyr wrote: »

Um.

https://forums.moneysavingexpert.com/discussion/5815627

....

Great minds think alike

seashore22

Deja vu, all over again.

TadleyBaggie

Not the same poster I feel, based on on the OP in the other one had the smart punctuation error every time they used an apostrophe.

xapprenticex

TadleyBaggie wrote: »

Not the same poster I feel, based on on the OP in the other one had the smart punctuation error every time they used an apostrophe.

Yeah def not the same.

TyreLever

username2019 wrote: »

Hi I was wondering if we had any HR people on here? I'm a manager in a small business and I report directly to the owner. A member of my team has recently submitted a grievance that she feels she is being discriminated against and treated less favourably than male colleagues. We are deeply sorry that she feels this way but now feel that there has been a breakdown in the relationship and that she would be better moving on to other employment.

I'm aware that raising a grievance on a protected characteristic means this is now a tricky process but can we still dismiss her? She's had less than 2 years service so is unable to claim unfair dismissal.

Found one for you! A tidy reply:

ReadingTim wrote: »

You are this person's manger, not their friend; and accordingly, sometimes have to discipline, as well as praise them. It's like being a teacher or a parent, not a class mate or sibling.

If, as far as you are concerned, the matter has been properly dealt with, then that's the end of the story - you move on and continue to be professional in your dealings with her. She too needs to be professional, and act accordingly, even if the outcome wasn't the one she wanted. If she can't behave in a professional manner, you could look into addressing that, but you do need to be on solid ground.

Therefore, whilst she might feel that the relationship has broken down (and you might personally agree), I don't think it's a decision you can make for her - she probably needs to come to that conclusion herself. That said, with less than 2 years' service, it would be perfectly legal to terminate her contract and pay her out her notice period.

For a belt and braces solution, you could increase the amount, subject to signing a settlement agreement whereby she agrees to take no legal action against you.

The "river of !!!!" analogy comes to mind.

seashore22

TadleyBaggie wrote: »

Not the same poster I feel, based on on the OP in the other one had the smart punctuation error every time they used an apostrophe.

Not so sure about that. The other op's alter ego managed to post without the apostrophe issue. On the balance of probabilities I'm going with all three being the same person.

ohreally

The apostrophe issue can easily be switched on and off.

Fireflyaway

You could let her go on the grounds of capability but it looks really bad that you would be doing this only after the employee has stated she feels discriminated against. If the employee wishes to take the issue of discrimination further then she can. She doesn't have to have been employed more than 2 years for that. It's worth remembering that should the company be found guilty at a tribunal, the fine for discrimination doesn't have an upper limit.
I'd suggest trying to part ways in good terms. Meet with the employee and work on ways to rectify the situation first. Ensure you keep good records too. It might not be too late. Handling it the wrong way could be an expensive mistake.