Half day open training event held in London, England on how to conduct the dismissal/termination of an employee as professionally and efficiently as possible, whilst minimising the pain and suffering involved.

1. Go from good to great… by
DISMISSING and TERMINATING
employees effectively
London HR and Training
2016

2. Introduction
Page 2

3. Intro - London HR and Training
• London HR and Training is a specialist human
resources and training consultancy headed by Timothy
Holden
• 10 years in banking
• 20 years in training and human resources
• Business owner since 2007
• The core services provided by London HR and Training
are:
- Reducing costs and saving time through bespoke HR
initiatives and projects
- Training course design and delivery
- Services for job seekers
Page 3

4. Contents
5-6 Definitions
7-8 Reasons to have procedures in place
9-10 Types of dismissal
11-13 Steps involved when conducting an internal investigation
14-15 Areas to consider with investigations
16-17 Poor performance
18-19 Instances where a disciplinary system may be used
20-21 Stages of the disciplinary process
22-25 Key considerations with disciplinary interviews
26-27 Potential outcomes following a disciplinary interview
28-29 Facing an unfair dismissal claim?
30-31 Unfair dismissal and qualifying periods
32-33 Recent case; disability discrimination and unfair constructive dismissal
34-35 Potentially fair reasons for dismissal
36-37 Rules to remember with dismissals and terminations
38-40 Best practice with dismissals and terminations
41-42 Best practice with investigations
43-44 Grievance policy and practice
45-46 Formal grievance procedures
47-48 Exercise
49-50 To sum up…

5. Definitions
Page 5

6. Definitions
• Dismissal
• Termination
• Firing
• Sacking
• Grievance
Page 6

7. Reasons to have procedures
in place

8. Reasons to have procedures in
place
• Disciplinary
• Grievance
Page 8

9. Types of dismissal

10. Types of dismissal
• Wrongful dismissal
• Unfair dismissal
• What constitutes fair
Page 10

11. Steps involved when
conducting an internal
investigation

12. Steps involved when conducting
an internal investigation 1 of 2
• Be open to and encourage complaints of
harassment, discrimination or other
inappropriate conduct
• Treat all complaints seriously
• Immediately investigate all such complaints by
interviewing the complaining employee, the
alleged harasser and all potential witnesses
• Document the investigation interviews
• Review HR files and other relevant
organisational documents for the employees
involved
Page 12

13. Steps involved when conducting
an internal investigation 2 of 2
• Evaluate the information gathered, make a
determination about hat is believed to have
happened based on this information and
document the determination
• If needed, implement remedial measures
designed to eliminate the problem conduct and
prevent similar situations in the future
• Communicate the results of the investigation to
the complaining employee and the alleged
harasser
• Follow up to check for ‘workplace healing’
Page 13

14. Areas to consider with
investigations

15. Areas to consider with
investigations
• Matters relating to conduct
• Matters relating to poor performance
Page 15

16. Poor performance

17. Poor performance
What an employer needs as evidence
• Clear communication about standards of
performance
• Provision of adequate training and support
• Reasonable standards
• Warning was given
• Reasonable time was given to correct
performance
• The employee failed to meet the standards
Page 17

18. Instances where a
disciplinary system may be
used

19. Instances where a disciplinary
system may be used
• Capability/performance
• Conduct
Page 19

20. Stages of the disciplinary
process

21. Stages of the disciplinary
process
• Letter
• Meeting
• Appeal
Page 21

22. Key considerations with
disciplinary interviews

23. Key considerations with
disciplinary interviews 1 of 3
• Ensure all the facts are investigated in
advance and plan how the meeting is to be
approached
• Make sure the employee knows from the
invite letter the reason for attending and the
right to have a companion present
• Make sure reasonable notice is provided
• Provide appropriate statements from people
involved in advance of the meeting, plus key
information to be relied upon
Page 23

24. Key considerations with
disciplinary interviews 2 of 3
• Make sure another member of management
can be available to take notes and help with
the interview
• Never pre-judge the outcome of the interview
before hearing from the employee
• Start the interview by stating the complaint
to the employee and refer to appropriate
statements
• Give the employee ample opportunity to put
forward their side of the story
Page 24

25. Key considerations with
disciplinary interviews 3 of 3
• Employers can call witnesses but they need to
leave the room after their input
• Adjournments can prove useful to use
• Deliver the decision, confirm review period
and provide details of the appeal process
• Confirm the decision in writing
• Make sure everyone involved in disciplinary
action is aware of the correct procedure to be
followed
Page 25

26. Potential outcomes
following a disciplinary
interview

27. Potential outcomes following a
disciplinary interview
• No action
• Warnings
• Dismissal
Page 27

28. Facing an unfair dismissal
claim?

29. Facing an unfair dismissal claim
Approaches to strengthen the employer’s
position
• Timely investigation
• Consistent and fair procedure
• Follow procedures to avoid dismissal if
possible
• Clear rules and procedures are available to
all managers
• Ensure rules and procedures are understood
by all members of the workforce
Page 29

30. Unfair dismissal and
qualifying periods

31. Unfair dismissal and qualifying
periods
• Before 6 April 2012
• On or after 6 April 2012
• Exceptions
Page 31

32. Recent case: disability
discrimination and unfair
constructive dismissal

33. Recent case: disability
discrimination and unfair
constructive dismissal
• Private Medicine Intermediaries Ltd.
and others v. Hodkinson
Page 33

34. Potential fair reasons for
dismissal

35. Potentially fair reasons for
dismissal
Employment Rights Act 1996
• Redundancy
• Capability or qualifications
• Breach of statutory restriction
• Conduct OR
• Some other substantial reason
Page 35

36. Rules to remember with
dismissals and
terminations

37. Rules to remember with
dismissals and terminations
• Remember the golden rule
• Be considerate
• Be reasonable and fair
• Be savvy and strategic
• Be classy, be careful, be cautious…
Page 37

38. Best practice with dismissals
and terminations

39. Best practice with dismissals
and terminations 1 of 2
• Think about the day in the week
• Involve the supervisor and have the letter
available
• Complete the process in a business-like
manner
• Request the return of the organisation’s
equipment
• Consider dignity for collecting personal
belongings
Page 39

40. Best practice with dismissals
and terminations 2 of 2
• Care is needed over confidential information
• Locks and access codes may need to be
changed
• Decide on how the information should be
conveyed to colleagues, and possibly consult
the employee about this
• Provide a complete record of employment the
next working day
Page 40

41. Best practice with
investigations

42. Best practice with
investigations
• Deal with issues promptly, fairly and
consistently
• Carry out required investigations to
gather the relevant facts of the case
• Communicate facts and findings to
the employee
• Allow the employee to put forward
their response
Page 42

43. Grievance policy and
practice

44. Grievance policy and practice
• Informal handling
• Formal handling
Page 44

45. Formal grievance
procedures

46. Formal grievance procedures
Steps typically involved
• The employee should be asked to give
details of their grievance to their
employer in writing
• The employer should investigate the
employee’s grievance
• The employer should then send a letter
to the employee inviting them to a
meeting to discuss
• There should be a right of appeal
Page 46

47. Exercise

48. Exercise
Page 48

49. To sum it up…

50. To sum up…
• Conclusion
• Summary
• Videos
• Useful links
Page 50