Sometimes the most valuable employee-management insights come not from groundbreaking cases, but from those that reinforce the importance of fundamental principles. The recent Employment Tribunal decision in Currie v Four Seasons Health Care Group offers just such a reminder. It underscores a crucial truth: effective employee management isn’t about revolutionary techniques, but about consistently applying robust procedures and managing performance diligently.
The Case in Brief
The claimant alleged that her dismissal was linked to a protected disclosure she made under the whistleblowing provisions of the Employment Rights Act 1996. However, the tribunal concluded that the dismissal was, as her employer maintained, due to poor attendance and failure to meet contractual obligations during the probationary period.
Key Takeaways for Employers
- Embrace Performance Management, Even in Sensitive Situations
- Some employers might hesitate to address poor performance in an employee who has made a protected disclosure, fearing potential legal repercussions. This case demonstrates that with robust policies and consistent application, employers can and should manage performance effectively across the board.
- Prepare for the Possibility of a Tribunal Today
- While you can’t guarantee you’ll never face a tribunal, you can prepare now. Ensure your employment practices are fair and solid across the board – not just in cases you might end up defending. This case shows how thorough documentation and consistent policy application can support an employer’s position.
- Tackle Difficult People Management Issues Head-On
- It’s tempting to put challenging people management issues in the “too difficult” category. However, these are precisely the issues that can escalate into more significant problems later. The Four Seasons case illustrates how addressing performance issues promptly and consistently, even in the face of a whistleblowing complaint, can be crucial.
- Document, Document, Document
- The tribunal’s decision relied heavily on the employer’s well-documented evidence of the claimant’s attendance and performance issues. This underscores the importance of maintaining thorough records, especially during probationary periods. Remember: if it’s not written down, it didn’t happen.
- Foster a Positive Whistleblowing Culture
- Despite the performance issues, the employer’s commitment to investigating the whistleblowing complaint was key. The tribunal accepted that the company had a culture of encouraging staff to raise concerns. This proactive approach to whistleblowing likely strengthened their position.
- The respondent initiated both internal and external investigations to address the claimant’s concerns. Such proactive responses bolster the employer’s credibility and can mitigate any accusations of retaliatory dismissal.
As the Tribunal concluded:
“The reason for the dismissal was the reason advanced by the respondent. It was clear from the evidence that the levels of attendance by the claimant were very poor indeed.”
The Power of “Simple Things Done Well”
The Currie v Four Seasons Health Care Group case serves as a potent reminder that effective people management isn’t about avoiding difficult situations, but about handling them properly. By implementing clear policies, following them consistently, and addressing issues promptly, employers can navigate complex situations while minimising legal risks.
Preparing for a potential tribunal starts long before any claim is made. It’s about cultivating a workplace culture of fairness, transparency, and effective management. By doing so, you not only reduce the likelihood of tribunal claims but also position yourself to defend your actions confidently if the need arises.
Remember, the robust defence of a future tribunal claim starts now, with simple things done well. It’s about having the right policies in place, following them consistently, and managing people effectively. This approach not only helps in day-to-day operations but also provides a strong defence if challenged in a tribunal.
If you need support in reviewing your probationary processes, whistleblowing policies, or overall people management strategies, don’t hesitate to reach out. Let’s work together to ensure your organisation is prepared for whatever challenges may come your way.