Introduction
Constructive dismissal was a term coined many years ago to manage people out of their jobs, who were not performing. Usually when the probation period has passed. However, over the years this has evolved into a nasty form of bullying.
We have seen a bit too much of a culture of - "Don't like a person - use constructive dismissal that's fine". No, it is not:).
Avoid the trap
Prevention is better than cure. As you hire people and scale your business - make sure you have a probation period. The more senior and technical the longer the period should be. Have very clear job descriptions to help you.
There may be local laws to consider, but 6-8 months is standard. It doesn't have to be complicated. Make sure you have clear training goals and targets for new employees. Have a checkpoint once a month, to make sure they are performing as expected. Give feedback and find training resources to solve any gaps. Halfway through probation inform the person on how they are getting on. If below expectations, issue them a verbal warning. Then, give them another month, if no improvement issue them a written warning.
At this stage, a few things can happen. The employee is self-aware and will leave as they realise they are out of their depth. Or if the performance issues are around attitude and laziness, you can let them go. Or you might uncover they have skills, that would benefit a different part of the business. So you move them to that team and restart their probation.
Once a person finishes probation, you still need to monitor their performance and make it clear to them, that they now fall under the company's standard disciplinary process. If you do not have one, please set one up. It doesn't have to be war and peace and should be part of the employee handbook.
Post probation
The standard people management activity of a 1-2-1 with a line manager is something most employees want. Especially Gen Z's. They want feedback and encouragement. So, if you start to see that a person is taking liberties. You note the times and dates of the issues. This is called a work diary. You then use these facts in the 1-2-1 meeting.
Give the person the opportunity to explain themselves and set boundaries. If the problem persists, you issue a verbal warning. Then a written warning. Stick to the evidence and never use hearsay.
This is where many companies get into financial difficulties with legal cases. They dismiss someone under their policy but shoot themselves in the foot making comments about things there was no evidence for. Or individuals on the team gossip and that gets back to the person.
What is a humane approach?
You don't know at the interview stage if a person's personality will 100% gel. As you grow the team newer people more talented, may clash with established employees. Diversity includes ways of thinking. Therefore, team members should develop manners and skills to learn how to work with others. Team building activities and onboarding should help people improve their communication.
If you realise you have two people who cannot function together, even after using mediation, a tough call has to be made. Do refer to local employment law and seek legal advice.
Working with HR - can you use business change criteria to make a role redundant? Can you find another role for an individual? Can you find a way for these 2 people not to work together directly?
If they are both performing in their roles, remember you cannot bully them out. A self-aware person will probably help you by resigning to get away from the other person. People do not just leave bad bosses, they leave co-workers they cannot work with.
As a leader, you need to learn how to manage complex individuals. If one person is sabotaging the other then note this in work diaries. Then you have fair evidence to dismiss them.
But you cannot exclude them from meetings and communications. This is the negative side of constructive dismissal of the most egregious type. It is cruel and quite frankly childish.
Summary
You can't change the past but you can draw a line in the sand, and put in updated processes.
1. Set up a probation process - or refresh is not working.
2. Make sure you have an employee handbook. It will include a disciplinary process that employees have to sign and comply with. This includes established staff.
3. You have to take time to teach people about respect. There is no place in the workplace for misogyny, ageism etc. Never preach values to people, but organise team-building activities to encourage people to bond. If working from home solves the issues for some, as long as they perform, then go for it.
4. Do not bully, just because everyone is complaining about someone. This does not give you a licence. If anything while people may not like someone, something is unnerving about seeing your boss pick on a person. It breeds fear. It creates a hostile work environment.
5. As a leader look at yourself do you need to access training and mentoring to improve your people management skills? Do not be afraid to ask for help.
