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Sir Alan's approach would lead to a tribunal

by Stephen Elliott

We have all enjoyed The Apprentice over the past few months - particularly the weekly dispatching by the formidable Sir Alan Sugar of another hapless wannabe tycoon with the now immortal phrase "You're fired".

But what would the consequences of Sir Alan's robust approach to employee relations be in the real world rather than made-for-TV-land?

Sir Alan dispenses with the mandatory dismissal procedure, which requires him to write to the person outlining why he is contemplating dismissal, to invite that person to a meeting to discuss the problem and then to offer a right of appeal if dismissal follows.

He does not allow the to-be-dismissed employee to be accompanied by a colleague or trade union representative.

Neither does he comply with basic rules of fairness and natural justice.

Often, the candidates do not know the basis of Sir Alan's criticism until well into the final meeting in the boardroom.

This makes it much more difficult to prepare any meaningful defence.

On more than one occasion, Sir Alan has pointedly refused to listen to explanations and excuses. He often tells contestants to "shut up". He passes criticism and fires people in front of fellow employees rather than in private.

All of this falls far short of the standards the law expects from employers in this day and age.

And then, when he does fire someone, they are out of the building and in the taxi within minutes.

Appeals are not entertained. No notice is given and so far as we know, no payments in lieu of notice are made. In the real world, these people would have claims for wrongful dismissal.

The Apprentice is not supposed to be a masterclass in good employment practice.

But perhaps Sir Alan might be tempted into participating in such a sequel: "The Employment Tribunal - You're Liable".

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 2/05/2006

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