If you’re thinking about parting ways with an employee, chances are you’ve thought about how you’re going to justify the decision.
And in my experience, a line that’s trotted out more often than most as justification?
“There’s been a loss of trust and confidence”
If you’re thinking about using a similar line, I’ve got two words for you:
Please don’t.
Whether it’s true or not, it’s a rubbish reason, and more importantly, it won’t hold up if it’s challenged – tribunals see right through it because it’s usually just a way for employers to cover up the fact that they didn’t deal with a problem when they should have.
If trust has broken down to the point where you don’t want someone in the business anymore, it’s almost certainly because something has been bubbling away for a while.
Maybe performance issues weren’t addressed properly, maybe there’ve been personality clashes, maybe they just aren’t a good fit.
But none of those reasons, on their own, are enough to justify firing someone, and if you’ve not gone through the proper process – feedback, warnings, chance to improve – not only is it a lazy way to dismiss someone, it also leaves you vulnerable.
Employment tribunals want proper, verifiable reasons.
Gross misconduct? Sure, as long as the dismissal comes following a fair disciplinary process.
Performance issues? Absolutely, if you’ve documented concerns and given them opportunities to improve.
Redundancy? Yep, if there’s a genuine business case.
Simply “we don’t trust them anymore” without any hard evidence?
Rather than being a legitimate, it’s a fast track to an expensive unfair dismissal claim.
If you’re reading this and feeling that it’s come a little too late, the best and cleanest next step is probably a settlement agreement, where you agree on terms, they walk away with a payment, having waived their right to make a claim.
Yes, it costs money, but trust me—it’s cheaper than a tribunal.
So, if you’ve got someone in your business that you really can’t see a future with, be smart about it.
Either do things properly—document the issues, follow the process—or be prepared to negotiate a settlement.
Just don’t rely on “loss of trust and confidence” and expect it to do the heavy lifting. It won’t.
