4 ms·
IANAL, but it is possible to do this under UK law - employees in the UK can be fired for any or no reason for the first 2 years, providing they are not being di
by shubb 13y ago
IANAL, but it is possible to do this under UK law - employees in the UK can be fired for any or no reason for the first 2 years, providing they are not being discriminated against (religion, gender etc). After that, they can be fired if it is for fair reason, and a fair process is followed. Underperformed is a fair reason, and formal stack ranking is a fair process (i.e. no discrimination). The employer would need to update people on their performance regularly, and provide ailing employees with help to improve. Underperformed sales staff are fired regularly like this pretty much everywhere.
It is true that firing employees does expose an employer to litigation / tribunal, which can be expensive. However, an employer that is doing stack ranking and is prepared for that sort of thing would not fall victim to the usual things that get companies in trouble - not having good enough performance metrics to justify firing the only X in that department, or assigning unpleasant work to employees to drive them out (which can be seen as constructive dismissal).
I have also noticed some large companies hiring the bulk of their staff as contractors, and 'firing' them for 3 days a year so that they don't become employees. This would make them basically at will employees, but I am not sure how well this would stand up if tested.
This book is cool:
http://www.cm-murray.com/little-books/little-book-of-uk-employment-law-for-us-employers/ http://www.cm-murray.com/little-books/little-book-of-uk-empl...
- Brakenshire 13y agoInteresting, thanks for the response and for the link. > Underperformed is a fair reason, and formal stack ranking is a fair process (i.e. no discrimination). Would you say that the legal definition of fair was that the outcome was non-discriminatory (for instance, not occurring on the basis of race, gender etc)? It seems to me that the system goes further than that, and is specifically designed to prevent employees from being fired because 'they didn't fit in', but rather for clear-cut performance reasons, and it would be trivial to argue that stack ranking was measuring the former, not the latter. i.e. you could argue, and it could well be the case, that your low ranking within a team was due to being outside a clique, or due to internal politics, and it didn't represent a fair measurement of performance.
- walshemj 13y agoUnfortunately in BT's case the PRP system (aka stack ranking) shows evidence of discrimination against these groups. It's also very easy to manipulate and leads to massive gaming on the system one guy i knew was going for a promotion and was spending so much time in prep that as my boss said "he hasn't done any real work in the last 6 months"