The remarkable decision in the case reported in this recent newspaper article;
highlights the importance of the proper processes and procedures dealing with managing out an employee – notwithstanding the clear risks of serious injury to her arising from her disability in accessing and participating in the workplace, the failure by the council to provide an appeals process in which she could present her side of the argument meant that the dismissal was unlawful and give rise to the grounds of claim.
Setting up the appropriate procedures is easy; there are any number of resources that are available to small businesses and lay people who might otherwise be intimidated by what can be a technical process.
What is less straightforward though, is correctly adhering to the procedures, or applying the correct procedures to the relevant circumstances.
If you are a start up and haven't caught up with yourself in terms of backfilling your systems so as to manage risks such as this, contact me for advice about how to do so.