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  • FIRST POST
    • username2019
    • By username2019 13th Apr 18, 4:26 PM
    • 13Posts
    • 3Thanks
    username2019
    Terminating an employee that has raised a grievance
    • #1
    • 13th Apr 18, 4:26 PM
    Terminating an employee that has raised a grievance 13th Apr 18 at 4:26 PM
    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.
Page 1
    • Barny1979
    • By Barny1979 13th Apr 18, 4:30 PM
    • 4,128 Posts
    • 45,023 Thanks
    Barny1979
    • #2
    • 13th Apr 18, 4:30 PM
    • #2
    • 13th Apr 18, 4:30 PM
    Classy move.
    • stator
    • By stator 13th Apr 18, 4:39 PM
    • 6,449 Posts
    • 4,308 Thanks
    stator
    • #3
    • 13th Apr 18, 4:39 PM
    • #3
    • 13th Apr 18, 4:39 PM
    How about you just grow up instead?
    Employees can have grievances without needing to sack them.
    Perhaps you should try and see it from another perspective.
    You want a company full of only men? It sounds like it.
    Changing the world, one sarcastic comment at a time.
    • username2019
    • By username2019 13th Apr 18, 4:39 PM
    • 13 Posts
    • 3 Thanks
    username2019
    • #4
    • 13th Apr 18, 4:39 PM
    • #4
    • 13th Apr 18, 4:39 PM
    We need to ensure we run an efficient business.
    • username2019
    • By username2019 13th Apr 18, 4:40 PM
    • 13 Posts
    • 3 Thanks
    username2019
    • #5
    • 13th Apr 18, 4:40 PM
    • #5
    • 13th Apr 18, 4:40 PM
    No not at all, but I do think she's struggling to fit within the team. Our owner is a female.
    • Katapolt
    • By Katapolt 13th Apr 18, 4:45 PM
    • 225 Posts
    • 286 Thanks
    Katapolt
    • #6
    • 13th Apr 18, 4:45 PM
    • #6
    • 13th Apr 18, 4:45 PM
    How is she making the business run inefficiently?

    Instead of trying to sack her, why not address the issue she has raised and try to help her integrate more?
    • username2019
    • By username2019 13th Apr 18, 4:50 PM
    • 13 Posts
    • 3 Thanks
    username2019
    • #7
    • 13th Apr 18, 4:50 PM
    • #7
    • 13th Apr 18, 4:50 PM
    Her complaint has made her seem like an outsider now to the rest of the team.
    • TadleyBaggie
    • By TadleyBaggie 13th Apr 18, 4:52 PM
    • 2,864 Posts
    • 2,171 Thanks
    TadleyBaggie
    • #8
    • 13th Apr 18, 4:52 PM
    • #8
    • 13th Apr 18, 4:52 PM
    Most likely due to the way it has been (mis)handled by the sounds of things.
    • username2019
    • By username2019 13th Apr 18, 4:57 PM
    • 13 Posts
    • 3 Thanks
    username2019
    • #9
    • 13th Apr 18, 4:57 PM
    • #9
    • 13th Apr 18, 4:57 PM
    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.
    • username2019
    • By username2019 13th Apr 18, 4:58 PM
    • 13 Posts
    • 3 Thanks
    username2019
    Her complaint was dealt with properly, it definitely wasn't mishandled.
    • General Grant
    • By General Grant 13th Apr 18, 5:02 PM
    • 753 Posts
    • 851 Thanks
    General Grant
    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.
    • username2019
    • By username2019 13th Apr 18, 5:04 PM
    • 13 Posts
    • 3 Thanks
    username2019
    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.
    Originally posted by General Grant
    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
    • By Barny1979 13th Apr 18, 5:05 PM
    • 4,128 Posts
    • 45,023 Thanks
    Barny1979
    Her complaint was dealt with properly, it definitely wasn't mishandled.
    Originally posted by username2019
    In your opinion, I assume you don't have an HR department?
    • username2019
    • By username2019 13th Apr 18, 5:07 PM
    • 13 Posts
    • 3 Thanks
    username2019
    No we don't we only have 12 people.
    • Barny1979
    • By Barny1979 13th Apr 18, 5:09 PM
    • 4,128 Posts
    • 45,023 Thanks
    Barny1979
    Sounds like you are all fudging around without a clue what you are doing.
    • username2019
    • By username2019 13th Apr 18, 5:10 PM
    • 13 Posts
    • 3 Thanks
    username2019
    We just want her gone, the easiest way possible.
    • Barny1979
    • By Barny1979 13th Apr 18, 5:13 PM
    • 4,128 Posts
    • 45,023 Thanks
    Barny1979
    We just want her gone, the easiest way possible.
    Originally posted by username2019
    Sound like a troll, would be a shame if this was revealed to your employee.
    • GothicStirling
    • By GothicStirling 13th Apr 18, 5:14 PM
    • 1,072 Posts
    • 798 Thanks
    GothicStirling
    Can you tell us the name of your employer, so we know never to work for you?
    • nicechap
    • By nicechap 13th Apr 18, 5:15 PM
    • 1,265 Posts
    • 2,622 Thanks
    nicechap
    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.
    Originally posted by username2019
    People with protected characteristics can be dismissed but given what you've admitted she will be able to claim unfair dismissal.

    We need to ensure we run an efficient business.
    Originally posted by username2019
    So maybe not discriminate against 50% of the population?

    No not at all, but I do think she's struggling to fit within the team. Our owner is a female.
    Originally posted by username2019
    And is irrelevant, women can discriminate against women too you know.

    Her complaint has made her seem like an outsider now to the rest of the team.
    Originally posted by username2019
    Or have you & rest put her in coventry?

    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.
    Originally posted by username2019
    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.
    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.” - George Carlin
    • ReadingTim
    • By ReadingTim 13th Apr 18, 5:17 PM
    • 2,848 Posts
    • 4,100 Thanks
    ReadingTim
    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.
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