The sad case of Baby P provoked a strong response in the press with demands made for those involved to be sacked. However as anyone in HR will know “sacking” staff is a complex process requiring many boxes to be ticked as well as adherence to the serious matter of natural justice.
Sharon Shoesmith, director of children’s services at Haringey Council is the most senior person to be publicly dismissed. It is reported by the BBC that Ms Shoesmith was dismissed “with immediate effect” and that she would not be “receiving any compensation or pay in lieu”. But such a summary dismissal still requires a fair procedure whatever the circumstances and this has been emphasised by the report that Ms Shoesmith is to appeal against her dismissal.
The much maligned statutory dismissal procedures (that will be abolished on 6 April 2009) provide all employees with a right of appeal. Even when the statutory procedures have gone the right to appeal will remain as an important part of a fair dismissal procedure. And what will employees be appealing against? It is the actual or perceived lack of fairness. An employer that ticks all the relevant boxes and pays more than lip service to ensuring that the process is fair will be best prepared to deal with appeals and defend claims in the employment tribunal.
See XpertHR’s employment law reference manual (subscription required).
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