Over the years, we have had numerous discussions with clients about terminating the employment of someone who is not very good at their job. Almost inevitably, at some point during the conversation, the client will ask why we can’t just make him redundant? Our answer is generally because the job isn’t redundant.
On Friday I sat through a meeting where an employee went through half of a box of tissues, recounting the trauma of her removal from her employer’s premises in the context of a termination by way of a generous compromise agreement. At the start of a redundancy or disciplinary process, we are often asked to advise employers on whether they can walk an employee off the premises, suspend him from the intranet and get back his mobile phone, laptop computer and security pass. The employment law answer is a straightforward “no”, business pragmatism often dictates otherwise.
I was due to represent an individual client in a three day tribunal hearing on 16, 17 and 18thFebruary. Once again, the case has settled shortly before the hearing, just as I was clearing my desk of other work in order to prepare for the case. Whilst we have a very successful track record in the tribunals we aren’t there very often. In common with many employment lawyers, most of our cases settle. With a sudden absence of things to do, I decided to write about why.
Employease has provided expert advice in employment law since 1994. We advise employers and employees on all aspects of complex and rapidly changing UK and EU employment legislation.
We advise on a wide range of contentious and non contentious matters including contracts and staff handbooks, TUPE advice, dismissals, disciplinary investigations, redundancies and Tribunal disputes.
You clearly explained what I was entitled to and helped me negotiate with my previous employers.Anne Senior Sales Manager in Fashion
Many thanks for the help with regard to our employment problems. We can both honestly say that throughout the whole process the matter was dealt with professionally and efficiently at all times. From the very first introduction meeting to the conclusion, we believe that we were given excellent and clear advice. We felt supported and that we had someone on our side throughout the sometimes difficult negotiations to reach final agreement.K: Individual client
Amanda has the enviable talent to be able to see the 'wood from the trees'. She equally has the knack of sitting me down and getting through to me how to actually solve an issue at the time, whether that is to continue the legal process or simply negotiate a settlement. She has a very kind and considerate way of bringing m to the realisation that this should be a commercial decision NOT an emotional driven decision. Amanda has a wealth of knowledge and expertise and what little she doesn't know herself, she appears to have a very competent business partner, who is well capable of supporting Amanda and I am sure Amanda does in the reverse.MR Managing Director
We had an employee...no matter how we supported her, her attitude was terrible...I asked Amanda for advice and within about 15 minutes we had our scenario that would allow our troublesome employee to resign and keep her pride intact rather than having to leave forcefully, but she would be leaving either way. I am very grateful to Amanda for her commonsense approach to this and for her legal expertise. It has potentially saved us a lot of money.FW Director