DIFFICULT EMPLOYEE – RESOLVING COMPLEX EMPLOYEE DISPUTES
“I’ve got an ongoing situation that is keeping me awake at night and I cannot see how to resolve it, this is affecting me, the employee and the team. I have an employee where there are performance, conduct and behavioural issues which are unresolved, and they have been absent from work for the past 3 months due to illness. Help !!!”
Our client asked us for help in resolving such a case. They knew something needed to be done to bring the employment relationship to an end but the only advice they had received so far was to “pay them off by giving them 12 month’s salary”.
As nothing had been done to manage the sickness absence or to properly address the performance and conduct issues (although there was clear evidence). There were clear risks with this case, including unfair dismissal, and potential disability discrimination risks.
We took the time to fully understand the background to the case. We assessed all the facts and discussed the options and agreed a way forward.
Plan of action
We advised that they started to manage the employee’s absence as this was the prevalent issue. After supporting the manager in a welfare meeting with the employee we were able to act on their behalf in negotiating a settlement agreement to amicably bring the employment relationship to an end in a way which protected the client from the risk of an Employment Tribunal.
Our expertise in handling complex employee issues gave our client the confidence to move forward on dealing with the issues. We understand it’s not easy to have these types of discussions with employees you have known a long time and have built a strong working relationship with, so it’s good to know we can do this for you. We were able to take away the pain of having an ongoing unresolved issue for our client as well as saving him money by negotiating a settlement figure much less than the 12 month’s pay he was originally advised to make.
I have a similar issue, what do I need to do? Who can I talk to?