Terminating an employee that has raised a grievance

steampowered

There is an important legal point that noone has mentioned yet.

The employee's grievance may well be a 'protected disclosure' for the purposes of the Public Interest Disclosure Act 1998.

If she is dismissed for raising the grievance, it will be unfair dismissal. No ifs or buts.

In addition to damages for unfair dismissal she would be entitled to compensation for any other detriment suffered as a result of raising the grievance, and compensation for injury to feelings.

The 2 years service requirement does not apply for this type of dismissal.

You can't just dress this up as dismissal for poor performance. The judge will see straight through that. If this was a genuine poor performance dismissal you'd be able to show clear documented evidence of poor performance and that she was given warnings and a reasonable chance to improve.

stator

You need a solicitor.
You're about to take some action which is possibly illegal, costing your employer tens of thousands of pounds and you're willing to take advice from an internet forum.

elsien

seashore22 wrote: »

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.

Who's the third one? Seem to have missed them. Just seen this and undercoverirish.

xapprenticex

Looks like if you really want to get rid of her, you'll have to keep here for a little while longer till the grievance blows over.

seashore22

elsien wrote: »

Who's the third one? Seem to have missed them. Just seen this and undercoverirish.

bonnielass18. Posting from the other side of the issue.

parking_question_chap

GothicStirling wrote: »

Can you tell us the name of your employer, so we know never to work for you?

Sounds like the sort of company that routinely folds and pops up again with a new name to hide from people they have previously screwed over.

prowla

nicechap wrote: »

People with protected characteristics can be dismissed but given what you've admitted she will be able to claim unfair dismissal.

So maybe not discriminate against 50% of the population?

And is irrelevant, women can discriminate against women too you know.

Or have you & rest put her in coventry?

Dear or dear. Joining a forum and declaring you want rid of her and planning on pretending she's underperforming. O boy, that is comedy gold on an employment forum.

I'm not going to comment further on such a set up story after the recent thread about a manager who disciplined a women based on a false complaint by a male colleague which the manager didn't even investigate. This is clearly a wind up.

I was bullied and sent to coventry during my probation period in my last job by the Finance manager (the ringleader) and the HR manager and they tried to make life difficult for me in general.

When I finally did leave, after three and half years of good work (peformed despite the aforementioned people), the MD had a meeting with me to discuss my reasons in which I told him some of the background.

For some reason I didn't have a formal exit interview.

As for this one, assuming it is genuine, I hope it goes to a tribunal and hope the employee wins.

jobbingmusician

OK, so there IS a solution to this. At least you have something to take to your manager.

You (NOT actually you, keep reading) could arrange a settlement agreement with your employee. IMHO you would have to give her a substantial amount of money in addition to an agreed reference. I would think that in this case 6 months' salary would be an absolute minimum. Please note that as part of the agreement the employee has to take independant legal advice (for which you would normally pay), so FGS if you are going down this route, take advice yourself before doing or offering anything.

Faced with a boss who wants the employee out, and the employee's rights and very obvious sex discrimination case, this is the only way forward I can see. Perhaps explaining this to your boss might change her mind?

username2019

Mixed bag here I see. Apparently people seem to think I am posting on here for kicks.

Her probation is coming up soon and we need to make a decision. Thank you to those that have taken time to post valuable advice.

stator

You need a lawyer, not an internet forum