More on the sacked in hospital story

I blogged earlier today on the story of the boss who sacked one of his staff while recovering from a heart operation.  A lot of people have actually defended the boss who did it.  They seem ignorant of how one should handle a situation like this, so let me spell out how it should be handled.

First some important facts:

• It is not a choice between sacking someone and paying them a full wage while they recover.  Once their sick leave entitlement is up, you can have them on unpaid leave.
• The employer made the decision with no consultation or discussion. He just turned up with the dismissal notice.
• The employer turned up to tell him, without even giving notice that he was coming in to discuss work issues- hence not giving the employee time to consider a response.
• The employer expressed a medical opinion which he was not qualified to express, and which conflcited with the actual doctor

Here’s what a far better, fairer and legal process might look like:

1. Visit employee in hospital just to see how they are doing, after the operation.
2. Visit employee again, and say that you are glad to see them recovering, they are missing you at work and consequential to that they need some idea of how they will be placed in terms of resuming work, and whether there will be restrictions on what they can do.  Ask them to either allow their doctors to talk to you, or preferably to prepare a report on what is possible.
3. Receive the report and consider it. Verify with the employee that they agree in terms of the timeframes mentioned, that this is the earliest they could return to work.
4. Look for good faith options where the job can be held open, while they recover.  Can other staff work more shifts.  Can you get a temp. If they can be back in a month (for example) would a new employee even be able to start by then. Does the experience you will lose if you let that employee go make it worthwhile holding the role open.
5. When you have formed an initial opinion, pop in and see them (and also put it in writing to the employee) and discuss options such as part-time work, whether other staff can cover.  The employee may be able to propose an acceptable solution.  Explain why you may be unable to keep a job open past a particular date.
6. Make no decision on the spot.  After the meeting give the employee time to make a formal response in writing if they want – make sure they have had full ability to have their point of view considered.
7. Then after you have all the facts, and the employee has had the ability to make representations to you, make a decision.

Employment lawyers might be able to add some extra steps to the above, but regardless the way it was done with a pre-determination based on assumptions not facts and with zero employee input is just wrong wrong wrong.