Case Study
Case Study – Chairing of a Disciplinary Hearing and Summary Dismissal of a Managing Director/Company Shareholder for a Tech Company
CASE STUDY
The challenge
A client had suspended a Managing Director (MD), who was also a shareholder of a growing tech company, following allegations of sexual harassment, victimisation and bullying.
The client wanted someone independent to investigate and a qualified, highly experienced and skilled HR professional to chair a disciplinary hearing on behalf of the Organisation.
The Organisation wanted an independent person to make a decision regarding each allegation and an appropriate sanction.
What we did
The Birch-HR Consultant prepared for the disciplinary reviewing the investigation report, documentation, evidence, policies/procedures and in line with a fair process.
The MD and their trade union representative attended the disciplinary hearing, chaired by the HR Consultant. The MD had sought legal advice.
The MD was provided with the opportunity to respond to each of the allegations following a fair process and key witnesses were questioned. The MD provided their mitigation.
The HR Consultant after carefully considering the materiality of evidence, made a decision on each of the allegations, which in their professional opinion the allegation(s) constituted individually and accumulatively as gross misconduct.
The result
The MD was summarily dismissed.
The HR Consultant lead and independently chaired the disciplinary hearing on behalf of the organisation in line with employment law and best practice, ensuring a fair process. The HR Consultant drafted and issued disciplinary outcome letter responding to each of the five serious allegations, justifying their professional decision to dismiss and ensured that the notes were accurate. The MD was given the right of appeal.
The Organisation ratified the decision to dismiss the MD and processed the dismissal.
There was no subsequent appeal or employment tribunal claim.
The client sought legal advice regarding the impact on the shareholder agreement following the dismissal.
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