How to avoid job loss - Part 1

Unfair dismissal laws have become increasingly complicated in recent years. They are now a minefield in which both employees and employers must tread carefully.

In a short series of articles we will look at how employees should act to minimise the risk of becoming an unfair dismissal statistic.

If an employee is unable to do the job he is employed to do because he does not have the right skills or ability to do the job he is paid to do, his employer may use this as a reason to justify terminating his employment.

In such cases it is often a matter of judgement as to whether the employee can do the job to a satisfactory standard. In what can frequently be an emotionally charged situation, both employer and employee should try and remain as objective as possible. For employees this can be difficult because of the personal nature of the employers criticism. So what can employees do to protect themselves?

If your employer criticises your performance unfairly, do not lose your temper, shout or rant. On the other hand, don’t do nothing but don’t rush off to a lawyer. What you should do is tell your employer why you believe the criticism is unfair in a calm and reasoned way. Put your reasons in writing and keep a copy. Your employer is required to take into account what you say before taking any formal action against you. If this doesn’t get a satisfactory response and you feel your employer would simply like to get rid of you, raise a formal grievance using your employer’s grievance procedure. Don’t go off sick unless you are genuinely ill.

If you are genuinely ill, make sure you comply with your Company’s reporting procedures. As a general rule, keep your employer fully informed as to how you are and when you are likely to be back at work. Don’t leave messages with the security guard or reception. If you can, speak to your line manager directly. If you are really too ill to make a phone call ask someone else to make it for you.

If you are finding your job difficult to do but your employer has not said anything to you, be proactive. Don’t stick your head in the sand – ask your employer for training, even if this means repeating training you have already had. Ask for support, help and guidance. Don’t be too proud to admit your weaknesses – we all have them. Make it very clear by your words and deeds that you want to improve. By doing this your employer will find it very difficult to sack you fairly if you have been employed for more than one year.

Published 27/09/2006.