Every HR practitioner and people leader has experienced it. You settle in to start your day, with a full “to-do list”, and THAT email lands in your inbox. Great, how am I supposed to deal with this?
In this series of case studies we explore these common workplace scenarios that are complex, that require nous and practical solutions.
Caution: There is no single “right” approach.
Our client has to dismiss a long-standing and much-loved executive
This is a situation that our client wanted to handle with extreme sensitivity, given the high regard that the employee was held in and their lengthy service. Our client was aiming for a win-win for both parties.
Case study
Our client was considering ending the employment of a long-standing senior executive. The executive’s skill set was no longer meeting the needs of the role – and this was not likely to change given the demands on the executive were increasingly onerous and complex.
Our client was values-driven. They were aware that the executive, due to their seniority, was unlikely to find another job at a similar level.
Our client had fortunately established strong relationships of trust with the executive, and knew there would be blow back internally if this was not handled well.
Sarah spent time finding out about the rationale for the organisational decision, and the personalities involved (the executive, the decision maker and the person who would be delivering the decisions to the executive).
In this case, the executive was not covered by unfair dismissal protections and could be terminated in accordance with their contract. However, the client was keen to ensure that the employee left on a positive note and, if possible, on agreed terms and without a ‘general protections’ claim in the mix.
Sarah’s recommended approach
As difficult conversations can often go off the rails without careful preparation and coaching, Sarah asked her client about what the executive valued in their job. It became clear that the client had never had a conversation about the executive’s longer-term objectives, despite their many years of service. Sarah and the client discussed who the “right” person(s) would be to commence the conversation with the executive, and what variety of options could be offered to the executive to assist with their transition.
Sarah was exploring with her client how the executive could be given agency in the decision making and how the exit could occur.
Some organisations are limited in the financial resources available when exiting an employee, but there is always room for an empathetic and authentic approach that involves treating an employee with dignity. If there is more than one option, this should be explored, including creative, non-financial ones.
The meetings were carefully mapped out. To avoid escalation and litigation, Sarah and her client discussed a critical conversation methodology.
The Justitia team has extensive experience (and success) in helping managers avoid disputation and possible resultant litigation, and has found using a structured and well-thought-out methodology can achieve a client’s preferred outcome.
The outcome
In this situation, there were a few options offered to the executive, which included accepting an alternative role, being exited more quickly, or being offered support for further study.
Ultimately, the executive chose to leave on agreed terms which involved working out their notice, and the provision of additional paid notice to assist them in finding their next role.
How Justitia can help
No two cases are the same. How situations are handled will vary depending on the resources available to the organisation, their policies, and whether the executive is open to discussing other options. But most importantly, these conversations go well when they are carefully prepared for, and the manager is coming from a position of ‘care and curiosity’ in exploring available options in the given context.
At Justitia we like to understand all the features of the situation in order to discuss the number of pathways available. We love to work collaboratively to set up difficult conversations for success.
If you are facing a difficult conversation because you have to deliver a hard decision and you want help to avoid costly fall out, please contact us.