Navigating Employee Terminations
As an employer you’ll be faced with challenges every day.?
Performance management and ultimately, letting an employee go, will be one of the toughest things you have to do. How you handle it, will reflect on you and the business. Therefore it’s important you handle it with empathy, professionally and also in a legally compliant way. Combining these things is like walking a tightrope.
Here are some do’s and don’ts to keep in mind if having these tough conversations.
?DO’s:
Prepare thoroughly: Ensure you have valid, documented reasons for the termination and follow company procedures.
Choose the right setting: Always conduct the conversation in a private, respectful environment.
Be clear and concise: Explain the reasons for termination without over-explaining or getting emotional.
Show empathy and respect: Acknowledge the employee’s contributions and stay professional.
Offer support and next steps: Provide details about severance, benefits, and outplacement support.
Follow legal protocols: Ensure compliance with labour laws and have the necessary documentation (e.g., termination letter) in place.
?DON’Ts:
Don’t blindside the employee: Employees should receive feedback and warnings before termination unless it's for gross misconduct.
Don’t make it personal: The decision should be based on performance or business needs, not personal conflicts.
Don’t delay the conversation: Once the decision is made, address it promptly to avoid increased tension.
Don’t terminate publicly: Always conduct the meeting privately to maintain the employee’s dignity.
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Don’t leave without a plan for transition: Ensure the employee’s tasks are transitioned smoothly to avoid workflow disruptions.
Mitigating Legal Risks.
Ultimately, there is a legal minefield you’ll need to take into consideration when exiting team members from your business – these stretch through claims for unfair dismissal and wrong dismissal to claims under the Equality Act and for breach of contract.
The are three simple things you can do, to help mitigate any such risks:
Follow a reasonable process. Always invite the person impacted to a meeting, hold a meeting, follow up in writing and give them the right to appeal.
Make fair and reasonable decision. Always act proportionately. If someone is late once, you’ll be hard pressed to prove that it warranted a dismissal, however, if someone hits another colleague, dismissal will most likely be appropriate.
Use your processes. If you have documented policies and procedures, follow them. One day, they’ll save you from disaster.
Beware . . . if you’re currently relying on the current position where an individual cannot make a claim for unfair dismissal for two years . . . don’t. Read our previous article on the governments Employment Rights bill for more information.
At Brave, we help companies navigate the complexities of HR and employee management, ensuring terminations are handled legally, respectfully, and with the right procedures in place.?
Need HR support? Contact Brave today for guidance on how to manage employee terminations legally and professionally.
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