Hiya,can someone please let me no how easy or difficult it is to sack somebody withen a company,and are their legal fallbacks .thank you
2007-03-11 07:54:03 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
There are legal fallbacks. However, there are also 'proper' and 'legal' ways of doing this. I would review your company's business policies. These will clearly outline the process through which someone is hired and/or fired. Follow that process, document EVERYTHING, and you should be fine.
When firing someone, the major concern is that they will sue your company for discrimination (or some other nasty thing...like harassment). If you are worried that this might happen, then I suggest you contact a lawyer. He/she will know they best ways of avoiding problems.
2007-03-11 08:02:48 · answer #1 · answered by Rebekah 1 · 0⤊ 0⤋
depending on the jurisdiction, the normal process is to give the guy due process, which again, normally means two notices and a hearing. The first notice is to tell him what he specifically violated (assuming there is an employee manual) and setting a time and place where he can present his side. the hearing then takes place where he should be given a fair opportunity to air his side through a lawyer if he so decides, but the proceeding need not be a full trial. It can be conducted through the filing of papers and the like. then the company has to decide if there was indeed a violation and what penalty to impose. These will be made known to him through the last notice.
In general, there should be a just cause and due process. failure to give one or the other has consequences on the termination of the employee. In some jurisdictions, the termination itself will be illegal, and in others, there will just be consequences, but the employee will still be terminated.
then, again, in some jurisdictions, it can be as easy as giving a notice of termination for whatever reason. again, it all depends on the laws of the country you are at.
2007-03-12 09:20:49 · answer #2 · answered by Ray 2 · 0⤊ 0⤋
If this is under UK law, the situation is that if the reason for dismissal was for something that the Company lists as grounds for instant dismissal, you have no case.
Odd things like losing a file, turning up late once or twice, taking a 'sicky' would follow the three warnings rule.
You know best but, if you are in a Union, ask them.
2007-03-12 06:06:59 · answer #3 · answered by MANCHESTER UK 5 · 0⤊ 0⤋
You should give more details about why you need to sack this person.
(in the UK) they are required to give 2 verbal and 1 written warning, however these warnings only last a certain period of time and then the slate is wiped clean.
You can find all you need to know about UK employment law on this site
www.businesslink.gov.uk
2007-03-11 16:33:00 · answer #4 · answered by missBambi 3 · 0⤊ 0⤋
very easy if they have done something wrong
2007-03-12 18:26:03 · answer #5 · answered by kaye j 3 · 0⤊ 0⤋