Did you know that 80% of unfair dismissal claims are lost by employers for one reason?
The reason has nothing to do with what the employee has done or failed to do.
It has nothing to do with the employee’s performance or conduct.
It makes no difference that that there was “substantial grounds” for the dismissal.
Or whether it was misconduct or serious misconduct or gross misconduct.
No, the reason why employers lost 80% of unfair dismissal cases in 2012 was the absence of fair procedures.
No natural justice. No constitutional justice.
In plain English, this means no basic fair play in the procedure to terminate the employment.
It’s as simple as that.
All the employer had to do was to implement the disciplinary procedure in the workplace, go through the necessary steps, and carry out the dismissal properly.
Why should you care?
The Employment Appeals Tribunal report for 2012 stated that the average financial compensation awarded in the unfair dismissal cases was €18,519.84.
And this trend has continued with employees winning claims for unfair dismissal due to the employer’s failure to follow fair procedures.
Small employers, no HR department?
If you are a small employer it is almost certain you will not have a HR department, and maybe not even HR assistance.
So it is easy to get things wrong either in the investigation or disciplinary stage.
This course will almost certainly help as it is based on the principles set out in statutory instrument 146/2000 which gives guidance on how to conduct disciplinary and grievance proceedings; and sticking with those principles will certainly help you when you find yourself in the Workplace Relations Commission (or Labour Court on appeal).
Manager Exploits Staff for Sex and Wins His Case for Unfair Dismissal
This Claimant was dismissed for his appalling behaviour yet still won his case for unfair dismissal and was awarded €6,500.
The reason why he was awarded €6,500? According to the Workplace Relations Commission, the employer’s procedures were hopelessly flawed.
And of the 6 leading categories of cases dealt with by the EAT according to their 2012 report 31% were for unfair dismissal.
There is no guarantee that you will not lose a claim for unfair dismissal. It will obviously depend on the particular circumstances of the case and the actions of the employer and employee.
However, one thing is sure. If the employee is not given fair procedures he/she will win.
Just like in the case above where the manager exploited staff and the employer did what he felt was the right, reasonable thing to do to protect staff.
But regrettably, the employer ignored fair procedures and lost.
Costs of Defending Claims
In addition to the potential award for an employee in an unfair dismissal claim-up to 2 years’ salary-you need to factor in the cost of defending a claim against you.
Consider the cost of legal or HR representation at the hearing, preparing for the hearing at the Workplace Relations Commission, and the cost of your time and the time of your witnesses outside of the office/workplace for the day of the hearing and it can become a costly day out.
Online Training Course Shows You How to Carry Out a Disciplinary Procedure Correctly
I have created an online training course to show you how to carry out a disciplinary procedure which provides fair procedures for the employee.
It’s called “How to Carry Out a Disciplinary Procedure in the Irish Workplace”.
Once you enroll you can refer to it any time you want. You can go back again and again.
And you can download the videos, template letters, slides and book.
The course comprises
- 6 videos,
- template letters,
- the Amazon Kindle book “How to Carry Out a Workplace Disciplinary Procedure”,
- and a slide deck of all the slides in the course.
Video 1-Introduction and benefits of a disciplinary procedure
Video 2-Essential principles of a sound disciplinary procedure
Video 3-The formal disciplinary procedure
Video 4-Issuing warnings-essential steps
Video 6-Probationary employees
- Invitation to an investigation meeting
- An investigation meeting script
- Invitation to a disciplinary meeting
- Disciplinary meeting script
- Outcome of disciplinary meeting letter
- Appeal outcome
Imagine having a go to resource that you can refer to any time you have to carry out a disciplinary procedure.
That’s the purpose of this course: to give you the tools and confidence to know that you can fairly discipline an employee when the occasion arises.
For €79 you can ensure you are not taken to the cleaners and have to hand over hard earned cash in compensation for a successful claim by reason of your failure to provide fair procedures in the disciplinary.
Who Am I?
My name is Terry Gorry, I am a solicitor, and the steps and principles and template letters in this course are the same ones I use myself on a weekly basis when advising clients. I have my own solicitor’s practice in Enfield, Co. Meath and I do a lot of employment law.
I have also been an employer and small business owner in Ireland since 1986.
The steps and principles in this course are soundly based on statutory instrument S.I. No. 146/2000 – Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000 and decisions of various Courts and the Labour Court, WRC, EAT.
Who is this Course For?
It aims to help employers and people working HR carry out a disciplinary procedure correctly, and without leaving you open to employment claims for unfair or wrongful dismissal.
But if you are an employee and you have grave doubts about how you have been treated it will give you clarity about how you should be dealt with in a disciplinary procedure.
What others say about Terry Gorry:
As a HR Consultant diversifying into the world of Employee Relations, Terry provides me invaluable guidance and advice. At all times, he provides me with a prompt and professional service. I continue to be impressed by his expertise and I would recommend him and his Employment Law services without hesitation.
I was so pleased with the service I got from Terry Gorry Solicitor -my requirements for “Contract and Staff Policy Procedures” were surprisingly completed in a few days and for an amazing price of €99 +Vat. Another company wanted to charge me €300+Vat. Keep up the good work Terry.
Terry was very helpful and knew what he was talking about. He ensured to get a full account of my story, so that he could help me to the best of his abilities. He showed real interest in my case right from the beginning. He was always there to answer any questions I had, even after working hours.
I’d be happy to supply a testimonial as your attention to detail was excellent. The calming way in which you conduct business was second to none.
I fully recommend you and your wonderful business to all of my colleagues and friends.
Thank you kindly for all the time you took to fully understand my case, it couldn’t have gone any better
We have used Terry Gorry for all our HR/employment law needs including contracts of employment and staff handbooks and would have no problem recommending him very highly, especially for SMEs like ours because of his prompt attention to our needs.
I would highly recommend Terry Gorry for providing Employment contracts.
All his information and advice is provided in layman’s language
and he will tailor the contracts exactly to your needs.
Professional and prompt response to all your questions and queries.
Extremely cost effective and most importantly, does not try to sell you
something you do not need. Overall very professional.
T.F Specialist painting and coating contractors
I use the Legal Advisory services of Terry Gorry and have found this service to be very effective.
Terry always responds quickly to requests; gives his views in a clear and straightforward manner and then sends on the documentation that supports his legal argument.
I have no hesitation in recommending Terry as an effective legal support agent in the area of Employment Law.
Helen Hourican MSc HR
I left things ’till it was too late and just wished I meet Terry earlier: I would not have had a big settlement with an employee!
Now I’m 100% compliant with Employment Rights and fear nothing!
I engaged the services of Mr. Terry Gorry in relation to a conflict regarding my contract of employment.
I found Mr. Gorry to be courteous, knowledgeable and most efficient in handling my case. He was very reassuring, which relieved my anxieties, and his services were thoroughly professional throughout. I have no hesitation in recommending him to any prospective client.
I have to say Terry, I was really impressed by your efficiency, professionalism and no-nonsense approach – so refreshing!
Thank you again
Terry was a pleasure to deal with for my firm taking on its first employee. I received the required contract back within days including all the specific requirements requested to be included. Terry also gave great advice and suggestions. The price is so competitive. I would happily recommend Terry to any employer/HR seeking advices and contracts. I look forward to dealing with Terry again when Jigsaw takes on the next employee.
Lorraine Cooke QFA FLIA APA (Personal General Insurance) TMITI
Jigsaw Financial Solutions Ltd
Thank you very much for you assistance with my employment contracts. It was refreshing to deal with someone willing to deal with my questions so promptly and with clear understanding of the pertinent issues. Your fee structure is very fair and I would not hesitate to avail of your expertise again when dealing with any employment issues.
Dr. Colm O’Loghlen
Bridge Place Dental Practice, TraleeMr.Gorry, I am sure, you are confident that my experience meeting you and discussing my matter with you was hugely pleasant and productive, as you have provided me with your highly valuable professional advice, using your vast experience and legal expertise.I came to you seeking an advice in relation to Irish Employment Law and its’ applications to a particular work environment situations. You have provided me with the essential legal information and gave me practical advises in accordance to my current position.I found your service to be greatly efficient, objective, knowledgeable, earnest and friendly at the same time and extremely helpful to me as it has helped me to come to an important decision as a result. You helped me to see the situation from all the aspects and form my own opinion on this with a clear understanding what is right for me. Also, you were very helpful to draft a letter to my employer for me.I would like to thank you again for your kind, understanding and professional approach to my case and I would be happy to recommend you as a legal representative / solicitor with a great level of expertise to any future prospective client.Thank you for your excellent service.I strongly hope that if I would need a further advice or any legal help I always would find it in your office.Oksana V
I am so grateful to Terry Gorry. Terry’s service is uniquely efficient, accessible and affordable, he is very generous with his time and his thorough knowledge, his decisiveness is a breathe of fresh air. When I recently found myself in a sea of legal problems that I couldn’t have imagined could occur when I had thought I was doing things right, Terry Gorry’s sound advice was just what I needed when I lacked any sort of clarity myself due to the stess of it all. I would highly recommend him. Through his email service he opens up the world of legal intricacies to share, so we can all do what is right rather than learn what we did wrong when it is too late. Unfortunately I met him when it was too late. If you are new to being an employer seek advice.
Murphy. Medical professional
Dear Terry,Than you very much for your help. I was successful in getting a more beneficial settlement for myself and my coworkers.It is clear for us now, last time he was just tried to threaten me in to accepting his conditions. What is a shame. 🙁But luckily based on your advice we can close this case forever now. (The papers also contains an assurement there no further legal actions will be taken against me or any of my coworkers)Thank’s a million. I’m sure I will happily recommend you to others in the future.IF
Terry Gorry & Co. Solicitors, Innfield House, Main Street, Enfield, Co. Meath.
Terry Gorry B.Comm, Solicitor
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