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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 2
    • ohreally
    • By ohreally 13th Apr 18, 5:19 PM
    • 6,572 Posts
    • 5,066 Thanks
    ohreally
    We were considering terminating her for underperforming as that way, we can say it's nothing to do with her grievance.
    Originally posted by username2019
    Then support her to improve instead of setting her up to fail.
    Donít be a canít, be a can.
    • LilElvis
    • By LilElvis 13th Apr 18, 5:24 PM
    • 3,479 Posts
    • 9,586 Thanks
    LilElvis
    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
    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.
    • username2019
    • By username2019 13th Apr 18, 5:36 PM
    • 13 Posts
    • 3 Thanks
    username2019
    I didnít 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. Iím only on here looking for advice.

    I wouldnít sack her personally. And I donít think the rest of the team want her to go. But the owner wants her out and thatís all that matters.
    • username2019
    • By username2019 13th Apr 18, 5:37 PM
    • 13 Posts
    • 3 Thanks
    username2019
    No we donít...

    What case was this? I can look it up if you can remember the company name.
    • TadleyBaggie
    • By TadleyBaggie 13th Apr 18, 5:39 PM
    • 2,708 Posts
    • 2,052 Thanks
    TadleyBaggie
    But the owner wants her out and thatís all that matters.
    Originally posted by username2019
    Wow, just wow. If you are willing to go along with this, then you should be ashamed.
    • Barny1979
    • By Barny1979 13th Apr 18, 5:40 PM
    • 4,010 Posts
    • 44,466 Thanks
    Barny1979
    Google Job tribunal falsifying:
    https://www.boyesturner.com/article/falsifying-evidence-will-never-work
    • Diamandis
    • By Diamandis 13th Apr 18, 5:41 PM
    • 262 Posts
    • 425 Thanks
    Diamandis
    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.
    • username2019
    • By username2019 13th Apr 18, 5:45 PM
    • 13 Posts
    • 3 Thanks
    username2019
    I would rather like to keep my job!
    • Barny1979
    • By Barny1979 13th Apr 18, 5:48 PM
    • 4,010 Posts
    • 44,466 Thanks
    Barny1979
    I would rather like to keep my job!
    Originally posted by username2019
    Forget morals and integrity.
    • TadleyBaggie
    • By TadleyBaggie 13th Apr 18, 5:51 PM
    • 2,708 Posts
    • 2,052 Thanks
    TadleyBaggie
    I would rather like to keep my job!
    Originally posted by username2019
    Obviously at any cost.
    • Diamandis
    • By Diamandis 13th Apr 18, 5:51 PM
    • 262 Posts
    • 425 Thanks
    Diamandis
    I would rather like to keep my job!
    Originally posted by username2019
    I'm sure this girl feels the same way.
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 13th Apr 18, 5:53 PM
    • 3,131 Posts
    • 1,630 Thanks
    keepcalmandstayoutofdebt
    We just want her gone, the easiest way possible.
    Originally posted by username2019
    Perhaps ask her if sheís happy, how she feels when she seeís building, doing the drive in, let her know you actually see her as unhappy?

    Get a new person in and then let them see they donít fit that way.

    Iím just drawing on my own deeply personal experience of people who have helped me see sense in the past.

    Today I rung up looking to change an interview time, they just said no we donít have to accommodate change the time, weíve other people to see, they were blunt but least I know where I stood.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • BorisThomson
    • By BorisThomson 13th Apr 18, 6:19 PM
    • 1,502 Posts
    • 3,167 Thanks
    BorisThomson
    Perhaps ask her if sheís happy, how she feels when she seeís building, doing the drive in, let her know you actually see her as unhappy?

    Get a new person in and then let them see they donít fit that way.

    Iím just drawing on my own deeply personal experience of people who have helped me see sense in the past.

    Today I rung up looking to change an interview time, they just said no we donít have to accommodate change the time, weíve other people to see, they were blunt but least I know where I stood.
    Originally posted by keepcalmandstayoutofdebt
    You're trying to turn a discrimination case around on the claimant, making her feel she is at fault.

    Shame on you.
    • elsien
    • By elsien 13th Apr 18, 6:25 PM
    • 16,178 Posts
    • 40,889 Thanks
    elsien
    So your first posts say that she's not fitting in, there's an atmosphere so everyone wants her gone, then you do a quick about turn and decide the team don't want her to go after all, it's all the owner's fault.

    If you're going to make it up as you go along at least try to aim for a little consistency.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • LilElvis
    • By LilElvis 13th Apr 18, 6:29 PM
    • 3,479 Posts
    • 9,586 Thanks
    LilElvis
    Tell your boss it's time to open her cheque book and pay a qualified HR specialist/ law firm to do her dirty work for her. And it won't be cheap.
    • Ja7188
    • By Ja7188 13th Apr 18, 6:40 PM
    • 140 Posts
    • 150 Thanks
    Ja7188
    Sounds to me like the OP is between a rock and a hard place here - if he doesn't do what seems to be the boss' dirty work, he risks being pushed out himself or at the very least having his working life made difficult.

    Has the boss previously wanted to get rid of other employees in a similar fashion and without strong grounds? If so, it's probably time to brush up that CV and find a less toxic workplace.
    • ThemeOne
    • By ThemeOne 13th Apr 18, 7:14 PM
    • 1,191 Posts
    • 1,015 Thanks
    ThemeOne
    Oh, come on people.

    It's patently obvious this is the same person who has been making up all these idiotic threads lately.
    Originally posted by ScorpiondeRooftrouser
    It's not obvious, unless you have some evidence you'd like to share?

    Maybe I'm over-cynical, but I always assumed this was how HR work i.e. they just do whatever the bosses want, otherwise they themselves will be out on their ear.
    • Barny1979
    • By Barny1979 13th Apr 18, 7:16 PM
    • 4,010 Posts
    • 44,466 Thanks
    Barny1979
    It's not obvious, unless you have some evidence you'd like to share?

    Maybe I'm over-cynical, but I always assumed this was how HR work i.e. they just do whatever the bosses want, otherwise they themselves will be out on their ear.
    Originally posted by ThemeOne
    : rotfl::r otfl::ro tfl:
    • Smodlet
    • By Smodlet 13th Apr 18, 8:07 PM
    • 2,912 Posts
    • 5,911 Thanks
    Smodlet
    I'm gonna guess the owner can't stand the competition from another (the only other, almost certainly younger and more attractive) female. Good luck making your case stick, OP. Maybe it's time to stop being the owner's b!tc# and start living in the 21st century.

    If this woman is actually underperforming (can't imagine why in such a toxic environment) try giving her some support, training, telling "the lads" to grow up, undercoverirish.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • xapprenticex
    • By xapprenticex 13th Apr 18, 8:07 PM
    • 1,420 Posts
    • 1,363 Thanks
    xapprenticex
    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.
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