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Firing someone without resentment
By: Julie-Ann Amos, Mon May 22nd, 2006
Firing someone is always going to be thankless task, rife with
stress and a fraying of nerves. Here are some ways in which
resentment and conflict can be minimised throughout this
difficult process Firing, sacking, letting go or terminating
people is unpleasant. There are ways to minimise resentment, but
why bother? Because most legal action and unpleasantness stems
from dissatisfaction/resentment about the way things were
handled - about how rather than what happened. Dismissal can be
unfair because of the reason, or the way it was done, so you
need to be extremely careful. In the law regarding
employer-employee relationships, fairness is key. You must be
fair, and be seen to be fair. But fairness, like beauty, is in
the eye of the beholder - after being terminated, very few
people have clear vision!
Prepare a disciplinary process/policy given to all, with a
sequence of verbal then written warnings ending with dismissal.
Ensure processes allow for discipline/termination on grounds of
both performance (capability) and attitude (conduct). Specify
your right to instantly dismiss someone (summary dismissal) for
gross misconduct, and give guidance on what would constitute
this.
Have hard evidence to back up all decisions. Documentation of
poor conduct and/or capability is essential. You have to follow
your own process to avoid legal unfairness. Negative
appraisals/reviews make good evidence.
Never take decisions lightly - weak performance can sometimes be
improved by skilled intervention/support. Termination is
traumatic/demotivating for surviving staff, even when they
understand why.
Avoid surprises by giving every opportunity for improvement
before opting to terminate. This reduces grounds for legal
action. Plus, survivors feel less threatened if they see you are
fair. Employees who have been aware for some time there is a
problem are usually less traumatised, and may already be looking
elsewhere. Always avoid firing someone who has no idea its a
possibility, except for summary dismissal.
Get legal advice if you have any questions. Balance £200-500 for
advice against £50,000 max unfair dismissal compensation! Phone
lawyers and ask for advice on dismissal - sometimes possible
over the phone for a fee. Remember, sexual/racial discrimination
compensation is unlimited, so always take legal advice if this
might be alleged, whether or not it happened.
Plan your speech exactly and write out a script. It ensures you
say everything necessary, and helps if you get stuck. There can
be temptation to offer sympathetic/reassuring words to sweeten
the message. Unfortunately, kindness here can cause confusion
and lead to legal action. Have a witness present - never fire
one-to-one.
Stay calm - never act in anger. Even summary dismissal can be
done after an hour to prepare and calm down. If employees lash
out verbally/physically, don't respond. Get it right, and this
is the last time you will deal with them - they will no longer
be your problem.
Be humane - treat people sympathetically if possible - without
conveying anything positive about conduct/capability. They are
losing their job and income. They are frightened, angry, upset,
devastated - and you have to deal with it. Sympathise with their
predicament without commenting on the cause. Being calm and
softly spoken can negate trauma. It also decreases
unpleasantness - it's harder to abuse someone who is being nice
to you.
Recommended action: ·Have a policy, publicised to all staff, and
signed for receipt by all. ·Have the policy legally checked by
an expert. ·Always prepare. ·Remember the way you terminate
someone can be legally unfair, even if the grounds are perfect.
About the author:
Julie-Ann Amos is a professional freelance writer,
coach/facilitator and consultant, working internationally. She
has worked in the military, public and private sectors, for
small ad large organisations. She is the author of a number of
books on management topics, and lives in London, UK. For more
information, visit www.hackingreality.com
