Have you ever had to sack someone?

[Oscar]

I run a small business and for the first time I face having to fire/let go an employee. I'm dreading having to do the deed and wondered if any bosses on here have any tips or insight into what documents I need to process? The employee has done nothing wrong it's just the case of the business no longer being able to sustain the position. Hard times.

 

[dragonred]

yes, after 8 years had to do it and it was horrible. There is no nice way to do, especially if the reason is a money one, rather than bad behaviour, so best can do is do it as well as you can and explain the reasons and hopefully they will understand. I spent weeks worrying about raising and doing it but was a massive relief once said. It sounds more like a redundancy situation you've got if the position is 'disappearing' due to lack of work needed so maybe sensible to check the rules and procedures before doing anything.

 

[RupertsFlan]

Honesty goes a long way. Being able to walk them through the reasons and having a credible rational conversation with them will always be the best approach.

As you say it's not something they have done personally so unless you are going to go straight out and try and re-hire then you are doing the right thing for the company.

It is worth a conversation with a solicitor who understands employment law etc - how long have they been with you, do you need to give them a chance at applying for one of the oterh posts in the company - all things to consider before you start the ball rolling

 

[AlbionRob]

Queue the next post from EnResT...

 

[hopper_182]

Tell them they will get a fantastic reference from you, might help soften the blow.

 

[marshy68]

yes very hard the worst thing i had to do. Make sure you have someone with you to witness what was said and document it. As said be honest. Thats all you can do good luck.

 

[Bozza]

I run a small business and for the first time I face have to fire/let go an employee. I'm dreading having to do the deed and wondered if any bosses on here have any tips or insight into what documents I need to process? The employee has done nothing wrong it's just the case of the business no longer being able to sustain the position. Hard times.

That's not firing or sacking, so make sure you follow correct processes to avoid the potential for this becoming costly to you.

 

[Bevendean Hillbilly]

Just kill them. It's way easier than having to go through all that tedious shit where you have to explain everything.

 

[Oscar]

Thanks for the advice guys. This person's position is being made redundant, yes. As I understand it, small businesses (and mine is very small - just me, one fulltimer and an occasional admin bod) do not have to offer redundancy payments or settlements.

 

[dragonred]

sounds cold, but first and only consideration must be what do I have do to save and protect my business and interests - ultimately your business allows you to have an income to keep a roof over your head, pay bills and if it does well, then employ others to help build it and have a worthwhile job as well. Worst mistake you can make (even if we have all done it, me included more times than I like admitting too), is sit, wait and hope things will turnaround so can avoid having to do something difficult and unpleasant - because all that means is you are losing valuable time and relying on chance / luck and if chance don't happen, it will not just be one job lost it will be the business too. I've seen this happen to many of my clients who refused to act even when all the evidence said heading for a crash so if you want to give yourself best chance, accept there may be a problem and take steps to address. If things turn you can always re-employ a loyal person then but you'll need a business to be able to do and offer that glimmer of hope.

 

[swindonseagull]

few weeks ago one of my contractors at work started getting slack, always on the phone.....disappearing from the hanger ( later discovered he was sitting in the shitter for an hour) anyway we have 30 odd people working in the hanger, I saw him on top of a high wing aircraft without a safety harness, I called him down and asked him why.....he said it was only a quick job and he did not need to wear one....I re educated him about company and legal health and safety rules.
20 mins later I saw him on the wing with a harness but not connected to the fall restraint mechanism... again I called him down and told him the rules....he said he could not be bothered with it..

result after a few mins chat with the chief engineer I asked him to leave, stating previous misdemeanour's for which he had been warned.

He was fired for breach of health and safety laws and gross misconduct. On the spot dismissal....NO I did not feel bad...maybe it was not 100% legal but as a company we did not want him on aircraft..if he was to fall without the restraint gear on WHO would he sue?

It made all the other contracters sit up and work harder!!!!

Not the same as your situation I know...
Good Luck

 

[AnotherArch]

Done it on many occasions, including whole factory closures. Even if 'redundancy' the formal process must be followed (e.g. formal notice of interview (dismissal), right to be accompanied, etc). Always be accompabnied yourself and get them to make comprehensive contemporaneous notes - you cannoy talk/engage/concentrate if you have to take notes.
ACAS web siite is the starting point, following the links into GOV.UK.
One tip - if the employee may be excitable/violent sit on a chair with castors on and nothing behind you. If he/she comes over the table at you, then you can reverse quickly to avoid them!

 

[swindonseagull]

Thanks for the advice guys. This person's position is being made redundant, yes. As I understand it, small businesses (and mine is very small - just me, one fulltimer and an occasional admin bod) do not have to offer redundancy payments or settlements.

Best get a lawyer to check that out....we had a few redundancies recently and all the redundancy payments were dependant on how long the employee had worked for the company, also you cannot employ in the same job for six months after releasing someone....get it checked out.

 

[porkdog]

What sort of business is it? just want to make sure your not my boss and its not me

 

[Willy Dangle]

I run a small business and for the first time I face having to fire/let go an employee. I'm dreading having to do the deed and wondered if any bosses on here have any tips or insight into what documents I need to process? The employee has done nothing wrong it's just the case of the business no longer being able to sustain the position. Hard times.

Its never easy even with people that thoroughly deserve it. Just try and do it in a supportive way with some empathy but don't beat around the bush get straight to the point. If you feel it is likely to be volatile insist on having other parties present for you and for them.

 

[piersa]

That's not firing or sacking, so make sure you follow correct processes to avoid the potential for this becoming costly to you.

Is the right answer. Check with the department for work and pensions. They should be able to point you in the right directions.

 

[Monkey Man]

There are lawyers and union advisers who can turn even an honest redundancy into something that can go to a tribunal. I had to deal with a team of about 15 people at one time, within a larger company, and we had all kinds of crazy issues with this kind of thing. And we ended up paying money to people who really ought to have been sacked for various misdemeanours.

Tribunals rarely take place in my experience but people often go that route in hope of a pay-off before the hearing goes ahead. Not saying this necessarily applies in this case, but I'd echo the advice to get some words of wisdom from a legal eagle.

 

[maltaseagull]

Honesty goes a long way. Being able to walk them through the reasons and having a credible rational conversation with them will always be the best approach.

As you say it's not something they have done personally so unless you are going to go straight out and try and re-hire then you are doing the right thing for the company.

It is worth a conversation with a solicitor who understands employment law etc - how long have they been with you, do you need to give them a chance at applying for one of the oterh posts in the company - all things to consider before you start the ball rolling

As it's a small business I would imagine there are no alternative positions, but the rest of this advice is spot on. Stress it's not them (like dumping a girlfriend really ) but if the situation is as described, are you not making them redundant? In which case you definitely need legal advice reference payments and not refilling that vacancy for a specific period (6 months?)

 

[Skaville]

It's never easy. Just be honest and treat them as you would expect to be treated yourself in the same situtaion. That's all you can do.

 

[Aseros]

Thanks for the advice guys. This person's position is being made redundant, yes. As I understand it, small businesses (and mine is very small - just me, one fulltimer and an occasional admin bod) do not have to offer redundancy payments or settlements.

Yes you do. You need to offer a redundancy payment as well as a period of notice if they have been there a certain period of time. If you don't do that, you will have 'come backs' and they will cost you a lot more.