Probationary dismissal question

[Unsureboss]

Hi there,

I manage a small number of employees and following a number of incidents with one it was felt between myself, my line manager and our HR advisors that this particular member of staff was not able to pass probationary period so gave them pay in lieu of notice to leave.

There is now a claim of disability discrimination which I don't believe has merit as all reasonable adjustments had been offered by myself and the employee did not want any further support. The dismissal was nothing connected to disability as far as I'm concerned. HR and my line manager agreed.

Now I just want to know...if there is a strong case for disability discrimination, or unfair dismissal and the employee is successful with this claim . As the manager who did this, despite HR and line management guidance is there any come back on me? Can I be dismissed or reprimanded as a result of this?

I've had somewhat mixed signals from my employer recently and I am just doubting myself. It wasn't a pleasant experience having to do it and it seems to be dragging on.

Thank you

[heravinluca]

I really don't have any satisfactory advice for you in this case, but think carefully before deciding on something. Good luck 1v1 battle

[ULA]

AT the moment do you know whether the claim is at the Early Conciliation stage or has it progressed to the employment tribunal with an ET1 claim?

I would think that the claim is being made against the company as the respondent if it has become an ET1 claim.

From what you have said it sounds like there was more than you involved in the process of deciding to dismiss this person during their probationay period. Yes, as the line manager you may have actually told the person they were dismissed but it was not based on your sole decision. It also sounds like there were wider considerations in this situation, particulalry in regard to disability but that is where HR should be providing the advice needed to ensure that the process to dismiss was robust enough to ensure there is no validity to a claim of disabiity discrimination.

Unfortunately, if this is an employment tribunal claim this could go on for some time and ceratinly into 2023 given the backlog in the systemn. In addition you will probably be required to give a witness statement and attend the hearing if it is not settled in the meantime.

[dslippy]

Forget the unfair dismissal assertion. Check first that they had not worked long enough to acquire a right not to be unfaitly dismissed.

As to the rest, welcome to management. Unhelpful, I know, but with responsibity comes being answerable for your actions. From this considerable distance, it sounds like you should be ok. Just make sure you have your own copies of all the policies and procedures and the fullest record of what happened you can muster.

[ULA]

If someone thinks they have been unfairly dismissed because of a 'protected characteristic' – for example in this case disability, this could be discrimination. They can then make a claim to an employment tribunal for both discrimination and unfair dismissal.
For the discrimination claim, they do not need to have worked for their employer for 2 years.

[Unsureboss]

Thank you all for responding.

Member of staff was with us less than a year. I don't feel there is a case for disability discrimination on a personal note, but if they have taken legal advice they may be able to work that somehow.

If I have done wrong (even though it is based on advice from our HR staff and my own line manager) then as a human I can hold my hands up to learn from it.

I suppose the question is...if I HAVE done wrong, can my employer at this stage turn their backs on me and let me take the fall? Can they dismiss me or reprimand me? I'd appreciate training from them on this type of situation regardless.

So far to date I've been told verbally I did the right thing and followed advice given to me. I feel if my employer has doubts I was making mistakes then they should have put the brakes on it earlier. They were in the loop all the way.
Its almost as though they agree with me to have allowed it to happen, I'm a very anxious person so I just fear if they "change their mind" that any support will disappear swiftly.

Appreciate it's not an easy one to answer or provide reassurance on.

[ULA]

Even if they have less than a year's service they can try to prove disability discrimination without the 2 year service requirement, however this does not necessarily mean they will win the claim.

My view, from what you have said, is that you did not take a unilateral decision to terminate this individual's employment and you sought advice from your line manager and HR. The decision was therefore a collective one and the onus should not just be placed with you because a claim has now been made.

Please try not to be anxious about this but you know where we are if you have any further concerns.

[Unsureboss]

Thank you! Much appreciated.

It's the first time I've had to do something like this and I've managed for over 10 years! Maybe I've been very lucky!!

[dslippy]

Sorry I meant to but failed to make it clear that though an unfair dismissal claim will fail, the possibity of a discrimination claim remains.

I do not know the percentages, but suspect that a lot of such claims are settled on an economic niisance basis. Iit costs less to settle than to win after a battle.

[wholl1989]

I really don't have any satisfactory advice for you in this case, but think carefully before deciding on something. Good luck ^{_{cookie clicker}}

In over a decade of managing, this is the first time I've ever faced a situation like this! If so, maybe I've just been really lucky.