No one ever said that managing people is easy, but managing the transition from “managing” to “termination” is harder.
It’s possibly unsurprising, but when so much energy is required to be focused towards managing a deteriorating situation that ultimately leads to a termination, the focus on managing the bigger, trickier aspects can often result in us overlooking some of the simple things. These simpler things can often have a disproportionate impact when trying to defend claims.
So, what little things do we commonly see being overlooked?
Have you taken a moment to genuinely check in with yourself to make sure that what you’re thinking, and what the employee is understanding / expecting, is in broad alignment?
When implementing a performance improvement plan, have you made sure the employee actually has ongoing access to a copy of the plan, and any updates?
When trying to say something supportive, did you actually just undermine the important message, or put yourself at odds with the position of the business?
In a performance improvement process, was the employee actually warned of the potential dismissal, or is it a “surely they would have known” situation?
After completing a performance improvement plan, did you pull it altogether for the employee and give them an opportunity to respond to the wash-up?
Is it actually an “inherent requirement” of the role – for example, am I going to find it clearly stated in the job description?
The employee didn’t do what you think you asked, but did you actually direct them to do it?
We ‘know’ they did it, but can we prove it?
Informal messaging platforms can be great for efficient communications, but when discussing the management of a difficult employee, did someone say something dumb?
Is everyone clear on who the actual decision maker is? Who is going to hop into the witness box and say “I made the decision because…”?
Before making the final decision to terminate, did you give the employee an opportunity to respond to both the reasons and the proposed sanction (ie dismissal)?
After verbally notifying an employee of their dismissal, did you ensure that they also received written notice of the same day (and before the employment actually terminates).
Have you arranged for payment of the termination payments to be made on the same day as the dismissal?
If your payslips are provided via a work email and accessed online, will a dismissed employee have access to their final payslip?
It might seem like low-hanging fruit, but it’s surprising how often an otherwise well managed process can be adversely impacted by missing some of the simpler things. They’re easy to miss in the heat and exhaustion of people management scenarios, but getting the little things right can often be more important that we think.
