Terminating an employee that has raised a grievance

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  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    We were considering terminating her for underperforming as that way, we can say it's nothing to do with her grievance.

    It's an awkward atmosphere now after her complaint. Noone hates her but people now feel they have to walk on eggshells around her. As she hasn't got the 2 years experience to qualify for unfair dismissal, we feel it's best to let her go now. We would give her a good reference so she can find a new role.

    Got that documented in any way? Pre dating her grievance?

    Please note a recent case which made the national news where the tribunal was less than impressed to find that documents submitted by the employer had been fabricated to bolster their defense.
  • I didn’t read the other posts, I will have a look now.

    This is not my decision, and my hands are tied. My boss has informed me that she wants her gone and I am instructed to figure out a way to make it happen. I’m only on here looking for advice.

    I wouldn’t sack her personally. And I don’t think the rest of the team want her to go. But the owner wants her out and that’s all that matters.
  • No we don’t...

    What case was this? I can look it up if you can remember the company name.
  • TadleyBaggie
    TadleyBaggie Posts: 6,047 Forumite
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    But the owner wants her out and that’s all that matters.
    Wow, just wow. If you are willing to go along with this, then you should be ashamed.
  • Diamandis
    Diamandis Posts: 881 Forumite
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    Is she actually underperforming? How is this measured and how would you plan to show this to be the case if you did end up in court?

    If the owner wants her out then it's your job to explain to her the risks involved.
  • I would rather like to keep my job!
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
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    I would rather like to keep my job!
    Forget morals and integrity.
  • TadleyBaggie
    TadleyBaggie Posts: 6,047 Forumite
    First Anniversary Name Dropper First Post
    I would rather like to keep my job!
    Obviously at any cost.
  • Diamandis
    Diamandis Posts: 881 Forumite
    First Anniversary First Post Name Dropper
    I would rather like to keep my job!

    I'm sure this girl feels the same way.
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