How to fire an employee, and what to do if they file an accident at work compensation claim against you
You can fire an employee as long as you can prove that they are doing something which goes against the terms set out in their contract, or that they are behaving in a way which is negative to the company, other employees or even themselves.
You have to be careful when letting an employee go that you have good cause and would be able to prove this in court, as if the employee tries to sue you for wrongful termination you will need to be able to make a good case for yourself and your company.
- Write down instances of poor performance. There is no point trying to fire someone if you don’t have proof that they are not doing their job in the way that they should be. You should document poor performance for a little while before you make the decision to let this person go, and then present them with this information during your meeting so that they know why this is happening.
- Be quick and factual. Being fired is a very upsetting situation, even for someone who has not been behaving appropriately for a long time. Most of the time they won’t have considered that they would get fired. Don’t draw out the meeting by going on and on about what they have done wrong, as this helps nobody.
- Cushion the blow. Try to work out what you can do to make the process easier on them. Obviously you are not going to keep them in the role, but you can promise to pay them until the end of the month, or at least the week, and assure them that they will be paid quickly. You may also be able to let them work out their notice period as they would if they quit.
- Don’t tell everyone. Leave it up to the employee to tell others that they are leaving, it doesn’t do you any good to be the one to announce their leaving anyway.
Can employees make a Tameside accident at work compensation claim?
An employee that has been let go may then go ahead and do something like attempt to make a Tameside accident at work compensation claim against you. An employee will only be able to make a successful Tameside accident at work compensation claim if they can prove that they have been badly injured and that this was at least in part down to yourself or someone else within the company.
If you are afraid that this person goes have a good case for Tameside accident at work compensation, you could always call Accident Advice Helpline on 0800 689 0500 or 0333 500 0993 from a mobile phone to get some advice and find out where you stand and what you can do. You will need to work with a lawyer to protect yourself when someone is making a compensation claim against you.
Date Published: 17th September 2014
Author: David Brown