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With over 60 dedicated HR and employment law professionals at Make UK, we bring together the best expertise in employment law, HR consultancy, and training to support businesses in all sectors.
As part of Make UK, we’re extremely proud of our deep-rooted manufacturing specialism and the relationships that keep us at the forefront of industry developments. Manufacturing is an industry that overlaps with many other sectors and is rapidly changing. We understand the ever-shifting complexity of HR and employment law within this sphere and the pressures this can create for you and your business.
We have worked with leading brands and businesses for decades in the aerospace and defence, automotive, high-tech engineering, logistics and transport, food and drink, and retail sectors.
MAKE UK are an invaluable partner for our HR and legal needs. Their practical and sound advice means we are able to make the right decisions for our people and operations here at allplants. They seamlessly integrate with our team, offering tailored solutions and becoming an extension of our operations.
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To avoid an unfair dismissal claim, an employer in this situation will usually look to rely on “some other substantial reason” (SOSR) as the potentially fair reason for dismissal. When assessing whether a dismissal was fair, an employment tribunal would need to be satisfied that the personality clash between the two employees was causing substantial disruption to your business such that the situation really had become untenable. You would also need to show that you had carefully considered alternatives to dismissal (for example, redeploying one or both of the employees to roles where they would not have to work together), but that no such alternative was feasible.
The issue of which of the two employees should be dismissed will depend very much on the specific facts. We would therefore recommend that you take independent legal advice on your situation. Factors such as whether there are any discrimination risks associated with dismissing one individual rather than the other, whether the personality of either of the individuals is causing issues in the organisation more broadly, and the precise impact of the situation on your specific business, will be relevant in your decision making.
If you are a Make UK subscriber, you can speak with your regular adviser and/or access further guidance on termination of employment in our HRL Resources. If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business.