I’ve been doing this long enough to know that HR emergencies rarely come out of nowhere.
There’s usually a warning sign. A moment where someone knew something wasn’t right but hoped it would sort itself out. It doesn’t. And by the time the phone rings, it’s already messier than it needed to be.
So here are the five things I get called about most often and what you can do right now to make sure you’re not next on the list.
1. Performance issues
By a country mile, this is the most common reason people call me. Someone isn’t performing, and the employer wants them out, but they’re not sure how to do it without landing themselves in hot water.
Here’s where it usually goes wrong:
- They hired someone who was never quite right, a ‘maybe’ rather than a ‘hell yes’
- They let them pass probation anyway; too busy, gave them the benefit of the doubt, didn’t want the hassle
- They told them everything was fine and now the employee is genuinely confused about why there’s suddenly a problem
That last one is the kicker. If you’ve passed someone through probation and said nothing, you’ve essentially signed off on their performance. Trying to manage them out a year later, after praising them, is not only difficult, it’s genuinely unfair on the employee.
And nine times out of ten, when I dig into it, the real problem isn’t the employee. It’s that the manager wasn’t clear on what good looked like, didn’t give them proper training, and never set clear expectations. Vague management produces vague performance.
How to avoid it:
Hire carefully. Induct properly. Set SMART goals from day one. Have honest conversations during probation, not after it. And if someone isn’t performing, deal with it while you still can.
I’ve written about performance issues and ‘bad employees’ in more detail here.
2. An ACAS early conciliation claim
For a lot of employers, this is the moment the bottom drops out. You think it’s all over – the employee has left, the situation is done – and then a letter arrives from ACAS.
ACAS early conciliation is the first step an employee takes before making a tribunal claim. ACAS contacts the employer to ask whether both sides want to try to resolve things. It’s neutral, it’s confidential, and it’s a lot cheaper than a tribunal.
My advice is almost always this: try to settle!
Employment tribunal cases cost a minimum of £20,000 in legal fees to defend and that’s before any award (which could see you shelling out another £10,000+). If you can settle for less, you’re ahead.
I know that stings when you believe you’ve done nothing wrong. But principles cost money. At this stage, it’s a commercial decision, not a moral one.
A lot of what I do here is take the emotion out of it. Employers who’ve had a difficult time with someone often just want to fight. I help them step back, look at what a court would actually make of the evidence, and make a clear-headed call.
A quick side note:
If you don’t already have employment tribunal insurance, speak to your insurance broker. It won’t prevent a claim, but it can take a significant chunk of the financial risk off the table. I can point you in the right direction if you need a recommendation.
3. Appeals
Once a disciplinary, redundancy or grievance outcome has been given, the employee has the right to appeal. And if they do, someone has to hear it; ideally someone who wasn’t involved in the original decision.
That’s often where I come in.
Appeals are useful for two reasons. First, they’re a chance to catch something before it becomes a tribunal claim. Second, and this matters, they’re a genuine opportunity to right a wrong.
Last year, I heard an appeal for someone who’d been dismissed for capability. When I looked at the evidence properly, I didn’t think the dismissal was reasonable. My advice was to offer reinstatement. The employer accepted that advice. It wasn’t comfortable, but it was right, and it was far better than the alternative.
On the flip side, I recently heard an appeal where an employee with 18 years of service had a legitimate grievance, and the employer had completely bottled the original decision. I advised them to settle. They pushed back, and it cost them.
I’m not blowing my own trumpet here; this is a cautionary tale to you. Settling may hurt your pride, but it will hurt your bank balance significantly less.
4. Redundancy
Redundancy is on the rise. I’m dealing with more of it than ever at the moment across businesses of all sizes.
It’s also one of the areas where employers most commonly come unstuck. Redundancy has a specific legal meaning: the role no longer exists, or the need for it has diminished. It is not, and I cannot stress this enough, a way to manage out someone who isn’t performing. If you use redundancy as a performance shortcut, you’re heading straight for an unfair dismissal claim.
When I support businesses through redundancy, I help them understand whether it’s genuinely the right process, structure a fair selection process, handle the consultation period correctly, and avoid the procedural mistakes that make it all go wrong.
5. Long-term sickness
This one isn’t always in the top five, but it’s one of my specialisms, so I’m including it anyway.
Long-term sickness is one of those situations where businesses often do nothing because they’re scared. They’re worried that taking any action will land them with a discrimination claim. So the employee stays off, weeks become months, months become years, and no one deals with it.
I once stepped into a situation where someone had been off sick for four years. Four years (!) and nobody had done a thing about it. Not because they couldn’t, but because they didn’t know how.
There is a right and lawful way to manage long-term sickness. It requires care, the right process, and a clear understanding of what the law actually allows you to do. Done properly, it protects both the employee and the business.
If you’ve got someone who’s been off for a while and you’re not sure where you stand, please do get in touch. It’s much easier to sort out than most people think.
The common thread
Every single one of these situations has one thing in common: they’re almost always preventable.
Performance problems happen when:
- Recruitment and onboarding aren’t done properly
- ACAS claims and appeals happen when processes aren’t followed
- Redundancies go wrong when employers don’t understand the rules
- Long-term sickness drags on because nobody knows what to do
Good, proactive HR isn’t glamorous. But it is significantly cheaper and considerably less stressful than the alternative.
If any of this sounds uncomfortably familiar, sign-up to my Mayday Maintainer; ongoing HR support that keeps you one step ahead.