HR Industry News

You're fired! (illegally)

— 28 April 2008 —

Sir Alan Sugar might be setting a bad example. 8 in 10 employers have admitted to firing staff on the spot without following the proper procedures, according to research published recently by employment law firm Peninsula.

In a further survey of employees, 63% said that they had been fired on the spot without warning, and no opportunity to argue their case. The research found that the main reason for on-the-spot sackings was poor timekeeping, followed by sickness and lack of productivity.

Deb Gibbons, Head of Employee Relations at Peninsula sounded a warning to employers, and added that this is “something I would advise employers not to do. Dismissing workers without following proper procedures is without doubt not a good idea.

“It’s amazing that some employers, despite the age of protected employee rights, fire people on the spot. There are a number of reasons why, they can either be in a bad mood, or they just have a dislike for the individual, or when tempers boil, unfortunately what they are doing may be wrong. A disgruntled employee may decide to take their complaint to court and it could go very wrong for the employer resulting in substantial penalties imposed at a tribunal hearing.”

Lynda Lewendon, HR Business Partner at Ceridian, added that "most prudent employers today will ensure that they have robust policies in place, which clearly outline Disciplinary and Grievance Procedures that are legally compliant. ACAS also provide guidance within their Code of Practice, which any Employment Tribunal will refer to in cases of Unfair Dismissal. An employer may well be justified in dismissing an employee, but failure to follow the statutory procedures will nearly always be the downfall when defending an Unfair Dismissal claim. 

"When addressing such issues as lateness or sickness with an employee, it is always worth bearing in mind that there could be circumstances you are not aware of so without following procedure and giving the employee opportunity to defend their performance or behaviour, this could lead to pre-judgement and dismissal. To avoid such mistakes being made and getting on the wrong side of the law, stick to the procedures! This will ensure fairness and consistency to all parties."

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