Terminating an employee that has raised a grievance

Options
24567

Comments

  • username2019
    username2019 Posts: 13 Forumite
    Options
    General_Grant wrote: »
    There is no two-year wait before someone acquires the right to be able to make a claim of unfair dismissal on the grounds of unlawful discrimination. But I expect you are aware of that.
    But if we let her know that it's performance issues, will that keep us safe? As we can say it's nothing to do with the complaint.
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Name Dropper First Anniversary First Post
    Options
    username2019 wrote: »
    Her complaint was dealt with properly, it definitely wasn't mishandled.
    In your opinion, I assume you don't have an HR department?
  • username2019
    username2019 Posts: 13 Forumite
    Options
    No we don't we only have 12 people.
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Name Dropper First Anniversary First Post
    Options
    Sounds like you are all fudging around without a clue what you are doing.
  • username2019
    username2019 Posts: 13 Forumite
    Options
    We just want her gone, the easiest way possible.
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Name Dropper First Anniversary First Post
    Options
    username2019 wrote: »
    We just want her gone, the easiest way possible.
    Sound like a troll, would be a shame if this was revealed to your employee.
  • GothicStirling
    GothicStirling Posts: 1,157 Forumite
    Options
    Can you tell us the name of your employer, so we know never to work for you?
  • nicechap
    nicechap Posts: 2,852 Forumite
    Name Dropper First Anniversary First Post
    Options
    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.

    People with protected characteristics can be dismissed but given what you've admitted she will be able to claim unfair dismissal.
    username2019 wrote: »
    We need to ensure we run an efficient business.

    So maybe not discriminate against 50% of the population?
    username2019 wrote: »
    No not at all, but I do think she's struggling to fit within the team. Our owner is a female.

    And is irrelevant, women can discriminate against women too you know.
    username2019 wrote: »
    Her complaint has made her seem like an outsider now to the rest of the team.

    Or have you & rest put her in coventry?
    username2019 wrote: »
    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.

    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.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
    Name Dropper First Anniversary First Post
    Options
    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.
  • ohreally
    ohreally Posts: 7,525 Forumite
    Combo Breaker First Post
    Options
    username2019 wrote: »
    We were considering terminating her for underperforming as that way, we can say it's nothing to do with her grievance.

    Then support her to improve instead of setting her up to fail.
    Don’t be a can’t, be a can.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards