Terminating an employee that has raised a grievance

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  • We just want her gone, the easiest way possible.

    Perhaps ask her if she’s happy, how she feels when she see’s 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 don’t fit that way.

    I’m 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 don’t have to accommodate change the time, we’ve other people to see, they were blunt but least I know where I stood.
  • BorisThomson
    BorisThomson Posts: 1,721
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    Perhaps ask her if she’s happy, how she feels when she see’s 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 don’t fit that way.

    I’m 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 don’t have to accommodate change the time, we’ve other people to see, they were blunt but least I know where I stood.

    You're trying to turn a discrimination case around on the claimant, making her feel she is at fault.

    Shame on you.
  • elsien
    elsien Posts: 32,521
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    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
    LilElvis Posts: 5,835
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    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
    Ja7188 Posts: 336
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    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
    ThemeOne Posts: 1,471
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    Oh, come on people.

    It's patently obvious this is the same person who has been making up all these idiotic threads lately.

    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
    Barny1979 Posts: 7,921
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    ThemeOne wrote: »
    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.
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
  • Smodlet
    Smodlet Posts: 6,976
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    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.
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    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.
  • TBagpuss
    TBagpuss Posts: 11,198
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    OK, assuming this is genuine, I suggest that you approach this with your boss.

    Frame it as protecting the company. Explain that you have looked into it, and you believe that firing this woman for alleged under performance, just after she had raised a grievance, runs a significant risk of looking like retaliation / victimisation, and that the employee could therefore claim that the firing was retaliation for having raised the allegation of discrimination.

    Remind your boss that there is no cap on the amount of damages which can be awarded if she claims unfair dismissal on the basis of discrimination, and succeeds.

    Point out that unless there are genuine, documented record of concerns about her performance having been raised *before* the grievance came up, the company would be at serious risk.

    Point out that even if she were to fail in a tribunal case, it could be expensive, time consuming and reflect badly on the company's reputation.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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