Dismissal: Hints, Tips and Solution-Focused Answers for Employers

Chair's Introduction

Discipline and dismissal: Hints, tips and solution-focused answers for employers

Chaired by: Simon Allison of Blackadders

Simon “excels at translating difficult legal concepts into layman's terms and building confidence.” He is a gifted speaker and Scotland's "Lawyer of the Year."

Mental health

Weighing up all the tactical scenarios, when and how do you amend trigger points and progress warnings for frequent short-term absences due to an underlying mental health condition?

Answered by: Stuart Neilson of Pinsent Masons

Stuart "is excellent at advising on risk and identifying lower-risk options for his clients." He is Vice Convenor of the Law Society of Scotland's Employment Committee.

Poor attitude

How much do you need to put up with before dismissing an employee because of persistently poor attitude e.g. lack of care, ignoring manager requests, undermining others, poor relationships in team?

Answered by: David Walker of Morton Fraser

David is "sharp, pragmatic and wise" - "one of Scotland's most experienced employment lawyers." His "reputation, especially for tribunal representation, is enviable."

Harassment

Using real-life examples of how to overcome the problems, what actually warrants an investigation, especially in bullying and harassment cases?

Who do you involve and when do you allow an appeal?

Answered by: Gillian MacLellan of CMS

Gillian is "solution-driven and knows how to make the law work for her clients." She is praised for her "fantastic service, her response times and commercially savvy advice.”

Alcohol and drugs

What are your obligations over alcohol or drug addiction as part of a capability or disciplinary process, when the addiction may be masking an underlying disability?

Answered by: Jack Boyle of Blackadders

Jack is "a rising star; matching the very best for talent." He is a great communicator; giving clear and structured advice in a way that a lay person can understand.”

Stress and anxiety

In a grievance, disciplinary or under-performance situation, what must you do - practically and legally - if the employee responds by taking long-term sickness leave, for reasons of stress or anxiety?

Answered by: Frances Ross of Clyde & Co

Frances advises on discrimination, redundancy and disciplinary issues. "She's excellent at managing the processes and coming up with clear and pragmatic solutions."

Warnings

Drawing on live cases, what are your options if an employee claims (1) that a previous warning was given in bad faith (but never argued that at the time) or (2) constructive dismissal because of events that happened more than 6 months ago?

Answered by: Noele McClelland of Thorntons Law

Noele is "incredibly astute", "hugely knowledgeable" and "a problem-solver." "She really understands the practical application of employment law within an organisation."