Somehow got involved in a work matter
Discussion
Hmm. How long was she with the company? Do you have a probationary period? If she's within that you can basically say bye with no explanation beyond poor performance.
If not she's probably going to win something. Sacking for poor performance generally needs to be backed up by a thorough review process where you've discussed her performance and areas she needs to improve and given her support, time and training to help her improve and then she has repeatedly failed. An couple of whinging emails isn't going to stand nor is anecdotal testimony, I doubt you'll appear as they almost always settle this stuff before it gets into the tribunal.
If not she's probably going to win something. Sacking for poor performance generally needs to be backed up by a thorough review process where you've discussed her performance and areas she needs to improve and given her support, time and training to help her improve and then she has repeatedly failed. An couple of whinging emails isn't going to stand nor is anecdotal testimony, I doubt you'll appear as they almost always settle this stuff before it gets into the tribunal.
How long was staff member employed?
Timeline would appear short from what you have said, so I was under the impression that employer does not need any reason in particular to dismiss
Unless they are playing the "discrimination" card I would expect any lawyer worth their salt to politely decline to represent
OH is currently involved with one at work. Won't go into it just in case it prejudices anything but suffice to say it has somehow got to court when nobody expected it to. Leaves them in limbo as they cannot employ someone to fill the role whilst ongoing so the rest of the staff are having to cover extra numbers of children and the resulting additional workload in the meantime. The stress that my OH is dealing with (on top of being ill and losing her Mum 6 months ago) is ridiculous
Timeline would appear short from what you have said, so I was under the impression that employer does not need any reason in particular to dismiss
Unless they are playing the "discrimination" card I would expect any lawyer worth their salt to politely decline to represent
OH is currently involved with one at work. Won't go into it just in case it prejudices anything but suffice to say it has somehow got to court when nobody expected it to. Leaves them in limbo as they cannot employ someone to fill the role whilst ongoing so the rest of the staff are having to cover extra numbers of children and the resulting additional workload in the meantime. The stress that my OH is dealing with (on top of being ill and losing her Mum 6 months ago) is ridiculous
Oldandslow said:
Hmm. How long was she with the company? Do you have a probationary period? If she's within that you can basically say bye with no explanation beyond poor performance.
If not she's probably going to win something. Sacking for poor performance generally needs to be backed up by a thorough review process where you've discussed her performance and areas she needs to improve and given her support, time and training to help her improve and then she has repeatedly failed. An couple of whinging emails isn't going to stand nor is anecdotal testimony, I doubt you'll appear as they almost always settle this stuff before it gets into the tribunal.
I think about 9 months, not sure on the probabation matter, tends to be 6 months but it may have been extended as they were poorly performing.If not she's probably going to win something. Sacking for poor performance generally needs to be backed up by a thorough review process where you've discussed her performance and areas she needs to improve and given her support, time and training to help her improve and then she has repeatedly failed. An couple of whinging emails isn't going to stand nor is anecdotal testimony, I doubt you'll appear as they almost always settle this stuff before it gets into the tribunal.
dieseluser07 said:
I think about 9 months, not sure on the probabation matter, tends to be 6 months but it may have been extended as they were poorly performing.
Presumably you are just one of her ex-colleagues rather than her employer?Just answer whatever questions you are asked truthfully and leave it at that.
No need to get involved any more than that at all.
My advice would be to keep your email strictly professional and as impersonal as possible. State what she did or didn't do and how it impacted on the business/ other staff members and back it up with specific examples.
IANAL but I believe to fire someone for poor performance they need to be given several warnings (verbal then written) and their performance has to be reviewed over a period of time.
IANAL but I believe to fire someone for poor performance they need to be given several warnings (verbal then written) and their performance has to be reviewed over a period of time.
desolate said:
Presumably you are just one of her ex-colleagues rather than her employer?
Just answer whatever questions you are asked truthfully and leave it at that.
No need to get involved any more than that at all.
Not really been asked to answer any questions just got asked if i could send an email about thier poor performance essentiallyJust answer whatever questions you are asked truthfully and leave it at that.
No need to get involved any more than that at all.
dieseluser07 said:
Why am i now involved in this arggh,
I don't know. Let's read on.dieseluser07 said:
im stuck because i have complained about her
So you complained about her but you want nothing to do with it. You haven't got the courage of your convictions. Or, in more simple terms, you have no stones, happy to whinge by email behind someone's back but you don't want to stand up and be counted. I'm just glad you don't work for me.dieseluser07 said:
Ill bullet point it.
-Employ staff member
-Staff member is lazy, sometimes rude, has no willingness to learn and treats the experienced staff with no respect.
-Been sacked
-Now taking it to her lawyers
-She has asked to see evidence of why she is not good
-Been asked to provide evidence in form of email to show staff member
Why am i now involved in this arggh, im stuck because i have complained about her and she is crap so i know why she has been let go but now im going to end up involved in all of this, some staff members like her so could end up messy.
Has anyone been in a similar situation?
"her"-Employ staff member
-Staff member is lazy, sometimes rude, has no willingness to learn and treats the experienced staff with no respect.
-Been sacked
-Now taking it to her lawyers
-She has asked to see evidence of why she is not good
-Been asked to provide evidence in form of email to show staff member
Why am i now involved in this arggh, im stuck because i have complained about her and she is crap so i know why she has been let go but now im going to end up involved in all of this, some staff members like her so could end up messy.
Has anyone been in a similar situation?
She'll be getting paid out then. A woman can claim sexual discrimination from DAY ONE.
This is going to cost your employer at least three months salary.
Stinkotanko said:
So you complained about her but you want nothing to do with it. You haven't got the courage of your convictions. Or, in more simple terms, you have no stones, happy to whinge by email behind someone's back but you don't want to stand up and be counted. I'm just glad you don't work for me.
Well not directly no, but in passing yesIf she was only employed for 9 months, then I'm struggling to see what she can claim for (unless as another poster mentioned, there is some kind of discriminatory aspect, and assuming she was given the correct notice). The ability to claim unfair dismissal only arises after 2 years continuous employment.
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