‘Follow dismissal rules to the letter or risk losing at tribunal’
Monday 18th October 2010, 2:30PM BST.
MANAGERS must be aware of the pitfalls that could land them in an employment tribunal, according to Mourant Ozannes partner Jessica Roland.
Speaking at the Chartered Management Institute’s Channel Islands management and leadership conference, Advocate Roland (pictured), an employment law specialist, told the audience of the importance of following appropriate and fair procedure when dismissing an employee, even if the reason for their sacking was clear and obvious.
‘There’s nothing more galling than someone winning an unfair dismissal claim when their poor performance should see them rightly sacked, but the correct conduct procedure was not adhered to.’
Advocate Roland said it was important to avoid making rash statements such as ‘get out of my office’ because managers needed to go through the right channels and demonstrate procedural fairness in the event that the employee did pursue an unfair dismissal hearing.
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