CEO's Diary: Time to play

Dealing with the issue

Just to say that I think the way you dealt with the race issue was spot on. Quick and decisive, so as not to linger longer than it need be.

Also the comment you had at the bottom of your post re set the environment was again spot on.

I am enjoying this diary.

Good luck for the future

Please check the statutory disciplinary procedures

I am concerned that you may already be in breach of the statutory disciplinary procedures. These require you to write to the individual and invite him to a disciplinary meeting, inform him of the allegations and evidence and advise that he can be accompanied. It does not seem that you have done that.

You must also write telling him of the decision [not just send a P45] and advise of his right to appeal and also advise that he can be accompanied. That appeal should be preferably be heard by someone not previously involved but by taking the first meeting yourself you have realistically precluded that [however it is not a requirement that a new person takes it].

i am worried that you may already have laid yourself open to a successful claim at a Tribunal.

You are right that it is part of your role to set the environment. I applaud your anti-racist sentiment BUT I would suggest that you should also be establishing an environment of due process.

I think you acted more hastily than you needed to. I doubt that you are the individual's line manager. I would suggest in future that you refer it to another line manager to chair the first disciplinary meeting and suspend the individual pending enquiries. When s/he is satisfied that there is a case to answer then write to the individual as outlined at the top of this post and take it from there. You are then in a position where you can hear any appeal. I would also advise against emailing staff about such an issue until after any appeal otherwise you are open to an allegation at tribunal that the appeal was a farce since you had so publicly made your views known.

If this individual has long service and no current warnings against tham it is entirely feasible that a tribunal may feel that the sanction applied was too great especially in light of the way in which the process was carried out.

I am sorry this is so long and seems so negative but I'm employed to give free HR assistance to SMEs in our council area and this sort of instant reaction is something I strongly caution against.

I hope that this doesn't come back and bite you.

Best wishes

If I was wrong I'll fight it

I have an inkling that the law is daft enough to mean I was wrong to act as quickly as I did on Monday in sacking the member of staff guitly of racial discrimination.

But if he takes us to tribunal I'll fight it all the way - I assure you this was not mild abuse, but worthy of instant dismissal. I won't repeat what was said. Suffice to say, I think any tribunal would agree that dismissal was appropriat and so damages would be small.

Candidly, I think it would be exceptional in that case if he fights it. But I'll wait and see. Some lawyer, somewhere might be daft enough to fight it.

Ok but don't make it more difficult for yourself

As I posted before, I am concerned that you are weakening your position by not following statutory procedures. PLEASE at least write and inform him of the right of appeal and hear it with as open an attitude as possible.

Otherwise I think you will clearly be in breach of statute and I fail to see the advantage of weakening your position in such a way.

Best wishes

Freedom to drive on ?

CEO - if Ops ops for the package (couldn't resist it) will that give you more freedom to drive the company the way you want it going ?

Although I appreciatte that you are the MD, is there still some "weight" on your shoulders with Ops still around ?
Do you wonder when you make a decision that the staff may be thinking that OPs would have dome it differently ?

Thanks

OK John. Point taken. We'll do it

Thanks

Right now my tipple is

Old Peculiar

But you're right, Alastair. I have plans.

Young Peculiar

When I was young and at uni, I used to walk (we were all too poor to afford a car or taxis) home from student parties, in the early morning (no buses), after having had far too much old peculiar for a young en. Often I would fall asleep on the way home, and carry on walking whilst asleep. Some of the time I had to cross two main roads, and a few minor ones to get home (I feel lucky to be alive). I would wake up to unlock my front door, then fall asleep again, wake up to get into bed and fall asleep (I got tongue tied writing that). Oh what happy memories of being a young peculiar!

Non-competition clauses

I'm curious about the non-competition clause with Ops. I've seen numerous cases of these not being able to be enforced, and had conversations with grumbling MDs about how they don't work. Does anyone have any positive stories about them working at all?

Gettiing it the way you want it

I am surmising that with OPs going and the discussion you are having with Chair, that you are clearly getting the company structured in the way you want it ready for future growth.

(As a side question, can you divulge the nature of your business, as I may have missed it, if it was mentioned at the outset of this diary?)

Cheers

Broader Based Management

I like the 2 level management idea

Broader based management could be good for:

- Developing your people as managers and as a team
- Getting their buy-in into new iniatives and business development
- Giving them a sense of involvement and increasing theîr sense of belonging (good for staff retention)
- Encouraging them to think about the business and how it carries out its activities

Do your managers also hold team meetings for the staff who report into them? How do ideas/issues/etc progress through the company (upwards and downwards)?

What is in a name ?

Given your comment above I worried about giving #3 that title as she is not really an FD, more a good accountant. But as the Chair pointed out, we’re not going to have a full blown FD. I cover that role would it not be better to rename the role to financial controller/Accountancy manger, as calling #3 FD, when really she is not and you are, may lead to problems further down the line ?

What is in a name ?

Christmas gets everywhere - Accountancy manger?

I am now imagining the accounting nativity scene - the cash cows are mooing, the baby is wrapped in spreadsheet printouts and is sleeping in this accountancy manger...

I couldn't resist.

But Gerald Slater raises a good point - for now, Financial Controller or Accounting Manager might be a better title for #3.

In the long term there is a different issue. How long will you continue to be both CEO and FD? Are you staying in the "FD" comfort zone?

If you are really going to lead and develop the company as a visionary CEO, then sooner or later you will need to relinquish being the FD. If your growth plans pay off then you should expect the demands for your time and attention will also grow.

Can #3 grow to be FD material? If yes, what are you doing about it, to get her there, so you can be fully free to focus on being the CEO? If no, then what is your succession plan for the FD slot?

What's in a name

If you want to keep the word director in #3's title, why not Director of Finance... not quite the same nuances as being a director...

Thanks Jonathan

Director of Finance. I like that. Bang on the nail. I think that's a problem solved

Cheers

The CEO

'A few days off over Christmas'

... for a given definition of 'days off'...

Why break up early?

A lot of companies have a "use it or lose it" rule for annual leave and have the holiday year finish on 31st Dec. If like me you keep a few days leave back "just in case" of domestic emergencies then you often have some odd days to use up at this time of year.
Having had the three day gap between Christmas and New Year automatically booked for me by HR at the beginning of 2006 I can only use up my last few days by taking them off this week.
A lot of my colleagues are in the same boat so we have patchy cover this week, although all departments are working they are on reduced staff.

Children!

Why break up so early? For me, it's because Im taking the whole of the school Christmas holiday off to look after my 4 year old. I could let him alone in the house, but my risk analysis on that is pretty bleak.