Tag Archives: employment law

Sacking people is easy to do

Just a quick one on the incompetent Mr Beecroft‘s attempt to take labour relations back to the 1830s… noting that in private sector workplaces in England & Wales without union recognition agreements, all of the following are the case:

There are straightforward processes available to sack lazy/incompetent workers which, if you follow them correctly, take less than six months from when you first notice the problem with their work [*] and don’t lead to complicated legal action. I’ve personally dismissed people in this way. Anyone denying that is either lying or has no idea what they are talking about.

There are straightforward process available to sack people for gross misconduct which, if you follow them correctly, can be actioned on the same day, totally resolved within a week, and don’t lead to complicated legal action. I’ve personally dismissed someone in this way. Anyone denying that is either lying or has no idea what they are talking about.

If someone you have sacked having followed the correct procedures then takes you to tribunal, you can call a pre-hearing review where the judge determines there is little or no case to answer. Should they wish to pursue the case, they’ll have to pay a hefty deposit and will ultimately be liable to pay your costs when you lose. Anyone denying that is either lying or has no idea what they are talking about.

Where cases make it as far as losing at a tribunal, it is inevitably for one of two reasons:
1) the person was fired without reasonable cause (whether for race/whistleblowing/management petulance/whatever)
2) the person was fired with reasonable cause, but the company failed to follow the simple procedures that you need to follow in order to fire somebody with reasonable cause.

Anyone denying that is either lying or has no idea what they are talking about.

In unionised and/or public sector workplaces, the procedures may be more complicated; I’ve got no idea how they work, having never worked as a manager there. Ditto Scotland, although I think most employment law is reserved to Westminster. But none of that matters for Beecroft’s purposes, because the procedures followed in these situations are not the ones laid down in statute law, and hence wouldn’t be changed by anything that Beecroft dictates.

[*] it’s been questioned whether ‘six months’ is ‘simple’. I’d say yes: if someone on probation turns out to be crap, you can fire them immediately and easily – so the ‘six months’ bit only occurs for someone who was decent and suddenly becomes crap, or who’s been left to get on with being crap for years with nobody doing anything about it. In the first case, it’s human decency to give them the chance to turn around (hence why performance improvement plans etc exist); in the second, the company can hardly blame the law for doing what it failed to do in the first place.