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Wednesday, July 6th, 2011
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Who manages appeals?
I am told that, if I discipline an employee who subsequently lodges an appeal, someone else should hear the appeal. Is that so? If so, how do I cope. I am the Managing Director of a small family firm, I handle all discipline issues, and there is nobody else.
Reply
Ideally that is what should happen so that the issue is considered and judged by someone who has not been involved in the matter before. But many employers are in your position. You have really three options. First, do not handle all discipline yourself but have this, including dismissal, done by someone more junior leaving you free to handle appeals. This is fine if you have someone more junior who is capable of managing discipline, but I guess is unlikely in your firm. Second, bring in someone from outside to hear appeals. Again this is fine provided the person is competent to do so. You may, for example, be able to call on a retired personnel manager who is not a close friend and could therefore be seen to be objective. Third, and the most common solution, is for you to delay the appeal hearing for several days to allow your mind to clear, then hear the appeal, trying very hard to be objective. This is not perfect because it asks a lot of you, but it almost certainly would be considered fair should it be referred to law.
Reducing redundancy payments
Do we have to reduce the statutory redundancy payment of someone made redundant in the final year before their retirement, or has that changed?
Reply
It has changed because there is no longer a normal retirement age. You calculate the payment in the normal way but make no reduction, regardless of age at retirement date.
