Is it still possible to sack someone quickly?

By RMS Creative Communications

14 Mar 2022

gl0_2051-charlie-wood-519x325.jpg

Charlie Wood, an employment lawyer, explains that business owners can still dismiss ‘bad’ employees quickly provided the right steps are followed.

I was recently contacted by a distraught business owner who’d recruited a key team member a few weeks earlier. Very quickly it had become clear the new recruit was a ‘bad apple’ and it wasn’t working out.

For example, alarm bells rang when they failed to turn up for their first day induction meeting. Over the following weeks, they attended only one of several scheduled meetings, failed to respond to emails and phone calls from teammates and clients; and went absent without leave on numerous occasions.

When their manager was able to make contact, the employee initially provided credible reasons for their behaviour – a missed train, a sick child, illness – and was given the benefit of the doubt. However, after eight weeks of increasingly implausible excuses, the owner decided to take action and seek advice.

Legally exiting an employee

Initially, she contacted an HR consultant who advised her that the matter had to be dealt with very sensitively, that a certain process had to be followed, and that it would take around six months to legally exit the employee.

These were the very reasons the business owner was distraught when she contacted me.

She explained that her company is small and couldn’t afford to ‘carry’ someone who was damaging its service to clients and negatively impacting team morale. She told me that her business is known as being a great place to work and hadn’t had any employment issues in over 30 years of trading.

I was unsure about the advice she had been given.  Of course, due process has to be followed to avoid potential issues further down the line. However, this was a clear case of an employee not working out, still being in their probationary period, and the business needing to consider a short service dismissal.

Swift and robust action

The company was fully within its rights to exit the employee in a swift and robust manner. Given the employee had less than two years’ service and had no protected characteristics (for example, age, race, disability) I advised the company how to carry out the dismissal.

They simply needed to arrange a meeting with the employee, explain the reasons why the relationship wasn’t working out and then dismiss with notice. 

Employment law doesn’t always have to be complicated and in these circumstances, it certainly wasn’t the case that it would take in the region of six months to manage the employee’s exit.

Of course, I would always advise anyone considering a dismissal to take advice beforehand to ensure the right process is being followed.

Employers don’t want to make rash decisions and dismiss employees without giving them a chance – however, at some stage, a business decision does need to be made about whether the employee is suited to the role. 

The client was incredibly relieved and I took her through the steps that were required.  The employee was off the payroll within two days, leaving her free to start the recruitment process again.  On which note …

Recruitment agencies

The employee had been placed through a recruitment agency.  When contacted about the situation,  they showed no interest in helping or intervening and even less in rebating their fee.

When challenged, they insisted that they had taken out references on the recruit and that these were all positive.

Once everything had settled down, the business owner contacted the now ex-employee’s previous two companies.  She discovered that they had experienced identical issues and had nothing positive to say about the individual.

If you appoint a recruitment agency, make sure you fully review their terms and conditions, and either ask to see the references they have taken out or take them out yourself.

Charlie Wood is an associate at legal practice SAS Daniels LLP, where he advises businesses and individuals about a wide range of employment matters. He can be contacted on 07394 563018.

Latest news

1

Chiptech announces major innovation initiative at high-profile reception with the New Zealand Prime Minister in London. The Rt Hon Jonathan Reynolds, the Rt Hon Christopher Luxon and the Rt Hon Steve Reed (L-R Front Row) David Hammond, and Daniel Knowles

Chiptech announces major innovation initiative at high-profile reception with the New Zealand Prime Minister in London.

30 Apr 2025

2

Northstone secures full planning permission for 50 new homes in Edenfield Edenfield housing development

Northstone secures full planning permission for 50 new homes in Edenfield

29 Apr 2025

3

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens Dovestone Gardens launch

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens

29 Apr 2025

4

PHX Training welcomes new business leader to drive learner success Louise Kirby

PHX Training welcomes new business leader to drive learner success

29 Apr 2025

5

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire Lidl

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire

29 Apr 2025

Pc Prestonmacan Gif980x120 March
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200px 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

Planning for the future + navigating Inheritance Tax changes
Planning for the future + navigating Inheritance Tax changes for website.png.png
LBV Hub Seminars
01 May 2025 - 01 May 2025

Planning for the future + navigating Inheritance Tax changes

Stanley House Hotel, Mellor, Blackburn, BB2 7NP, Blackburn, BB2 7NP

08:00 - 10:30

Advantage: AI – A Workshop for Business Leaders – May 2
EV-land-2025-05B.png.png
LBV Hub Seminars
02 May 2025 - 02 May 2025

Advantage: AI – A Workshop for Business Leaders – May 2

Door4 Office, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:00

A night at the races
1.png.png
LBV Hub Dinners / Balls
02 May 2025 - 02 May 2025

A night at the races

Morecambe FC, Morecambe, LA4 4TB

19:00 - 23:59

Innovating business solutions through PhD Partnerships
30478 Skills Bootcamp open day setting.jpg.jpg
LBV Hub Networking
07 May 2025 - 07 May 2025

Innovating business solutions through PhD Partnerships

University of Central Lancashire, Preston , PR1 2HE

14:30 - 15:30

Celebrating 50 years of KTP
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
07 May 2025 - 07 May 2025

Celebrating 50 years of KTP

University of Central Lancashire , Preston, PR1 2HE

16:00 - 18:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv121 Online Graphic
Subscribe now

Weekly news bulletin