We all know that we can dismiss people if they have committed misconduct, if they can’t do their job, if their role no longer exists. But what if you have an employee who is awkward, bloody-minded, totally disruptive or impossible to deal with? Hopefully you will have identified and dismissed them early on, certainly before they have been with you for two years or more. But what if you miss this deadline or they begin acting up later in their employment?
The law DOES allow employers to dismiss employees fairly in these circumstances – and many others – but you need to know what you are doing!
I have managed a number of dismissals of the awkward, obstinate, malicious, misguided and down-right mean. All of them have been held to be ‘fair’ or haven’t even got off the starting blocks in terms of a tribunal claim.
The key is not to be afraid, bullied or intimidated by these employees. It often appears that they are holding all the cards, but it only ‘appears’ that way. Even when it was tough to find alternative jobs, this was perfectly possible. Now that jobs are relatively easy to find, dismissing a ‘bad un’ is much less risky.
Don’t get me wrong, I love good employees and we should all do what it takes to help and keep them. But think about the time and energy the ‘vampires’ drain from you and your business and let’s get the stakes out!
No one needs a vampire in their business (unless they are Edward, in which case I would make an exception!).
I am a qualified employment law solicitor with over 25 years' experience working for the most part with employers. All businesses are vulnerable to tribunal claims from employees. My firm…
