Employers taking the Sir Alan Sugar "You're Fired" line of dismissing employees may end up in the dock as 8 in 10 employers admit that they have fired staff without following procedures, according to new research today by Peninsula the employment law firm. But Peninsula warned bosses who follow Sir Alan's lead for firing that they could end up being sued. In contrast Peninsula surveyed 459 workers who have been dismissed with 63% claiming they had been fired on the spot with no warning and certainly no opportunity to argue their case.
Deb Gibbons, Head of Employee Relations at Peninsula said today “I'm sure there is no doubt that Alan Sugar is a good employer but his lead by example on ‘The Apprentice’ may be seen as a bad example and is something I would advise employers not to do. Dismissing workers without following proper procedures is without doubt not a good idea. The reason we conducted the research is because we found an increase in calls from employers to our legal advice line asking whether it was fine for them to dismiss "on the spot". The research showed that 8 in 10 bosses have at some stage followed Sir Alan’s example and fired without proper procedures. We’re not saying employers are in the habit of dismissing on the spot, but we do see it happen despite the number of laws in place to protect employee rights.”
New grievance procedures have been put into place to ensure employee's are fairly treated, the rules also go as far as allowing them to be accompanied at a disciplinary meeting. Deb Gibbons continues; “It's amazing that some employers, despite the age of protected employee rights, fire people on the spot. There are a number of reasons why, they can either be in a bad mood, or they just have a dislike for the individual, or when tempers boil, unfortunately what they are doing may be wrong. A disgruntled employee may decide to take their complaint to court and it could go very wrong for the employer resulting in substantial penalties imposed at a tribunal hearing.”
Gibbons provides advice to both employer and employee, “The law now makes it very hard to sack on the spot, so if you’re an employer think about what you’re doing. Are you following the law? Is the reason justified? Have you given them a warning? Obviously there will be times when dismissing is the only option and it can be perfectly justifiable. Finally it's all about following procedures. If you’re an employee then if you’re asked to attend a disciplinary meeting then you may be entitled to be accompanied and check to ensure the company is following disciplinary procedures.”
So what aggravates bosses leading them to dismiss? Well it seems according to Peninsula's research poor timekeeping was the main reason followed by sickness, and a lack of productivity.
Source - Onrec.com
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