I may be partly to blame because of this column but some employers seem to have this view that they cannot dismiss people without ending up with a personal grievance. Hence rather than dismissing people they tend to allow people to stay on in their businesses which in turn reduces everybody else’s enjoyment of work may reduce bottom line profit and invariably leads to the “straw that broke the camel’s back” scenario.
This scenario occurs when an employer buries his or her head in the sand and does not deal with a problematic employee only to completely lose the plot one day and dismiss the employee in a rage resulting in procedural unfairness and in all likelihood substantive unfairness.
For example let’s say Jill (whom by the way is in my view the best PA/WPO/general dog’s body in the world) has for a number of months not been performing. Let’s say these issues are serious performance concerns that could have justifiably resulted in her dismissal. I ignore them because I really cannot face the process. One day (a day like today when I am grumpy and cold) Jill comes in to me and says “have you done this?”, this enrages me and I fire her. I do not really fire her because she asked me had I done something I fire her because basically I have had enough of her. I just want her out of my office and my life.
This sort of thing happens all the time. Employers who could have justifiably dismissed employees had they undertaken a fair process end up having to pay money to people who do not “deserve it” because they have not followed the right procedure.
Another thing that annoys me is people’s complete inability to deal with bullying type behaviour in the work place. Managers need to realise that they are able to set standards of behaviour in the work place and that some times it is up to Managers to reinforce those standards.
If you are aware that an employee is being segregated, picked on or generally made miserable by other employees do not wait for this to turn into a full blown personal grievance. Do something about it. Talk to the “ring leader” of the bullies. Tell them that you have noticed that “X” is not part of the group. Ask the person what they think is happening. Be pro-active.
Often people who are being bullied at work are being bullied simply because they cannot stand up for themselves so they are unlikely to come to you until it is really bad. Try this approach – have a meeting of your staff and set out what standards are required of them. Do not point to anyone in particular or mention any names. Just say that whilst we do not have to all “like” each other we need to respect each other. Say that whilst they do not have to go out together outside of work during work hours you expect people to be “inclusive”. Give them a good old fashioned “rark up”. Remember however that this will have absolutely no affect if you do not treat them with respect and you are a bully.
Trial periods – employers still only have a limited knowledge of how significant this new legislation that allows “90 day trial periods” is. I have written about this. If you still do not get it check out this article . Every employer and employee needs to understand the significance of the 90 day trial period.
