Case Study - Unfair Dismissal
I dismissed my employee and I've now received a letter saying they've been unfairly dismissed
Overview of situation
We had an underperforming employee causing too many issues and damaging the business. One day the straw broke the camels back and we decided to instantly dismiss.
The problem they faced
The problem we face is that the employee decided to contact ACAS and completed the initial steps in an attempt to sue us for unfair dismissal.
What caused the problem
The reason why we faced this proposition is because we breached employment law, namely the Employments Rights Act 1996 and were therefore liable for a potential unfair dismissal claim. It was our decision to act rashly without following due process that put us into hot water and suffer anxiety over what was to come next.
Cost of the opportunity
We face the prospect of not only having to pay out costly compensation to the ex-employee but also suffer a time and energy sucking dispute which would take our key people away from running the business. Therefore, adding further compounding costs to the initial problem.
The plan XYZ proposed
We engaged with Bearman HR and within 10 mins of our initial call the grey cloud instantly lifted from over us. They absorbed the entire problem and laid out our entire gaps and risks. They then gave a clear and succinct proposal on how to reverse those risks and transition our gaps in current process into opportunities for the future.
Bearman HR also agreed to deal directly with the ex-employee which we were happy with and they carried out the processes that we initially should have.
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​Results that followed
The end result was Bearman HR liaising with ACAS and the ex employee to get the unfair dismissal quashed. Moving forward they also set up several policies and procedures to ensure this wont happen again, as well as rolling out training for our line managers.
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