‘You’re fired!’ and other honeyed words from Sugar
Fans of The Apprentice will be pleased about the forthcoming new series of the popular competition hosted by Sir Alan Sugar, due to start in the autumn. It coincides with many other apprentices who will start their careers around the same time. With employment laws directing how we deal with any potential dismissals and apprenticeship agreements, which generally commit both parties to at least a two year programme, it will not, however, be so easy for employers to ‘fire’ these individuals as it appears to be for Sir Alan.
Funnily enough, we have had people come to us on occasion and say, “… but if Alan Sugar can fire people just like that, why can’t we?” Long pause before replying with, “… because the contenders on The Apprentice were never employed in the first place.’
The Apprentice has become a very popular programme with the British public, but it seems this year will be the last time the show is run in its current format. Next year Sir Alan has decided that he will go into partnership with the winning contestant rather than ‘hiring’ him, investing £250,000 in what will be a jointly owned company. I suppose that is one way of avoiding some of the ever more complicated employment law changes that, as employers, we all find ourselves increasingly dealing with on a regular basis. However, for those not in the same position as Sir Alan who need to ‘hire’ and ‘fire’ rather than ‘partner’, you may find yourself in need of assistance.
If you are dealing with misconduct or poor performance from one of your employees, it is imperative to make sure you stick to your procedure, ensuring that you do not leave yourself open to claims of unfair dismissal. In most cases, an employee has to have been with the company in service for 12 months (or more) to gain protection against unfair dismissal – although there are some exceptions.
Dealing with discipline, poor performance and dismissal can be a difficult and costly process and should be dealt with professionally. If you would like further advice, Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support services. For more information, visit our website at www.russellhrconsulting.co.uk or call a member of the team on 0845 644 8955.
Russell HR Consulting offers HR services to businesses nationwide, including Buckinghamshire (covering Aylesbury, High Wycombe, Milton Keynes, Bedford, Banbury, Northampton, Towcester and surrounding areas), Nottinghamshire (covering Chesterfield, Mansfield, Nottingham, Sheffield, Worksop and surrounding areas).