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Myers Touch

What Happens When a Sacked Employee Won’t Go Quietly?

Taking on staff may sometimes appear to be a leap of faith.   If they do disappoint and their performance fails to improve, there may come a time when they have to be given their marching orders.  But that brings with it another set of concerns if the member of staff doesn’t go quietly and disputes the termination of their employment.

With awards for unfair dismissal cases running into the many thousands, they can pose a very serious threat to small businesses.  An employer may well be justified in dismissing an employee, but without the backing of human resources specialists they are often unsure as to how to manage the situation.  If handled incorrectly, they may end up in a tribunal when they didn’t need to be there at all.
myers-touch
Keith Myers is a Director of The Myers Touch, a Winchester-based company that specialises in creating bespoke kitchen living spaces.  When he had to fire an employee recently, he thought he had heard the last of it.  “We have had a number of situations in the last year where staff have been tricky to handle and I had to fire somebody who then came back with a massive wodge of legal documentation for unfair dismissal, which was actually completely unfounded.”

The threat of possibly facing an employment tribunal came as something of a shock.  Keith prides himself on making The Myers Touch a great place to work and he encourages his people to be the best they can be.  “We’ve invested in their development and done lots of things to try and build the team.  We’ve been reasonably successful in that, but actually employing people is I think the hardest part of the job.

“We have had a few little bumps in the road, but no one had ever gone legal on us, and I’ve been in business for 14 years.  We’re actually pretty good bosses to work for.”
Keith sought advice from a legal telephone advisory service.  Although he felt the information they provided him was borderline legally correct, he believed it would not have been best practice had it been implemented.

“With all these things all they give you is telephone advice and in one instance we found the advice wasn’t very good.  You then get to a point where they start charging you extra for legal support.”
Disappointed with the response, Keith decided to contact Gap HR and Carolyne Wahlen.  “We talked it through and Carolyne explained everything to me.  We worked through the detail of the response to this former employee and sent it.  After that, we never heard back from them again.  It was all done and dusted.”

The unfair dismissal claim was unwarranted and a tribunal case was avoided.  Even though he was glad of the outcome, having to dismiss the employee in the first place was a difficult decision.
“You could be a tough old boot and ignore people’s feelings and emotions, but that’s not the type of company we are.  On a personal level it’s upsetting because you try to make it work, because of the investment in them and because we’re dealing with people’s lives.  They have families to feed and responsibilities and you can’t just put them out on the street as it were.

“We feel a sense of responsibility to make the best decisions we can.  And when he have to make a tough decision to sack someone or make them redundant or whatever it might be then we do that incredibly begrudgingly and with reluctance.”

Keith Myers
Director – The Myers Touch

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• We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager.

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email us: cw@gaphr.co.uk

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Where our clients are:

Mark Ghafoor, KCC Basildon

“Whether it’s a simple question or a more complex query, GAP HR have ensured that we have the most up to date knowledge of current legislation and processes to ensure we can offer the best support to our teams.
It is reassuring to know that expert advice is only a phone call or video conference away!”

Deb Green, Vermatech Pest Control

“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Justin Wilkie, 2Excel Logistics

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Ashley Lewis, Wallingford Tiles and Bathrooms

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Helen Gordon, Kitecreative

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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