Employment lawyers and human resource consultants in their quest for raised profile like to talk about the new legislation and how this is going to change the way we work. All well and good.
One of the issues which I come across in my capacity as employment lawyer and mediator is the pre-determined sacking.
Essentially an organisation embarks the dismissal of someone, frequently though not exclusively by means of redundancy.
It is done via the guise of legal compliance, but the sad fact is that the process is a sham.
I have come across so many of them; What are some of their hallmarks?
1. There is an underlying motive of resentment from a manager/management against the employee. This gives the motive for the sacking.
2. Often a catalyst is a "new event" which bears no relationship to the "official" decision to sack someone. This can be a new manager coming in and wanting to get staff out/just simply a desire to change the firm and pursue a new direction.
3. The person who has chosen to sack often has psychological issues such as deep seated sense of inadequacy or subconscious need to create conflict.
4. The consultancy process (if the sacking is done via redundancy)does not have commitment to the truth within it. It is about posturing with the company emphasising respect for the individual, but not really doing it.
5. The victim "knows" whether he or she has been "had." He or she are just trying to acquire the evidence to prove the truth.
6. More often than not, the company is bullish and at times complacent. When challenged, the company will present a picture of "Who do you think you are challenging the legality of what we are doing?"
Justin Patten, Employment Lawyer