Kate Russell, BA, barrister, MA, is the Managing Director of Russell HR Consulting. She is the author of Build Your Dream Team – How SMEs Can Plug the Talent Gap, plus several other practical employment handbooks and e-books.
Since 1998 Russell HR Consulting Ltd has d
If you manage employees, from time to time discipline and dismissal will be an inevitable part of your work. Employers are under a duty to follow their procedures, make a decision that is sensible and proportionate on the facts and take all mitigating circumstances into account. Applications to tribunal have increased significantly in recent years and going to tribunal is always tough, even when you are absolutely in the right. Using real life examples, this book talks the reader through the legal framework, best practice, tactics and how to prevent getting into difficulty in the first place.
If you manage employees, from time to time discipline and dismissal will be an inevitable part of your work. Employers are under a duty to follow their procedures, make a decision that is sensible and proportionate on the facts and take all mitigating circumstances into account.
Applications to tribunal have increased significantly in recent years. Below is a list of the mistakes that most frequently lead to a finding of unfair dismissal against employers.
It would be fair to say that these days employers face an increased risk of tribunal claims. While many claims are quite legitimate, there is a significant minority who will put in a claim because they feel wronged (irrespective of the merits of the case) or simply for the hell of it. As managers we need to manage effectively, taking such risks into account. As well as being compliant and fair, we need to be tactical as well.
Follow the guidance given in this book and you will be able to take an employee through the disciplinary procedure, to dismissal if necessary and massively reduce the risk of a tribunal claim.