Alternatives to dismissal – 2 other options

Transferring or training

Avoiding a dismissal by transferring or training an employee can protect the employment relationship while addressing root causes.

But both these options could misfire legally and operationally if you treat them as informal “fixes” rather than formal and binding changes.

Transfer – issues to consider

A transfer (to a different team, role, or location) can be an excellent solution for interpersonal conflict, team fit issues, or capability concerns.  The employee may succeed in a different environment.

• Mobility clauses

A contractual mobility clause can make relocation transfers easier, and lateral moves can sometimes de-escalate a situation without having to potentially end the contract of employment.

• Exercise it reasonably

If there is a mobility clause in the contract, it must be exercised reasonably.  Give adequate notice, consider caring responsibilities, and ensure there is a genuine business rationale.

• Don’t use as a penalty or impose it without authority

Compelling a move – especially relocation – without a contractual mobility clause or the employee’s agreement can be a fundamental breach of employment contract, enabling constructive dismissal arguments from the individual.  Lateral transfers can also be risky if the new role is materially different in status, duties, or prospects.

• Beware that transferring can simply move the problem

Bear in mind that a transfer can simply relocate the problem: performance issues may follow the employee into a new team, and this could simply create more disruption.

Training – issues to consider

Training is often the least contentious intervention, because it signals investment in staff, not punishment.

• Additional training

Technical training can address capability issues.

Specific conduct-related training (eg following inappropriate remarks) can demonstrate corrective action and reduce the likelihood of recurrence. Such training also supports a later dismissal decision if, despite support, standards do not improve.

• Explain the reason for the training

Mandating training perceived as pointless or humiliating could result in resistance from staff.  Be clear about why the training is being held.

• Must be recorded

Remember it’s only effective if it is properly recorded.  HR should document:

1. attendance
2. content
3. any post-training expectations
4. and measure improvement against clear review points.

• Timing

Training during working hours is usually straightforward.  But requiring personal time can be contentious unless contractually permitted.

Benefits of intervention

Use the best-practice framework: proportionality, procedure, paper trail, and monitoring.

In the event of a later tribunal the questions will be “Was what you did a reasonable response, implemented fairly, and grounded in contract or consent?” When you can answer “yes” to all three, these interventions become powerful tools.

Further reading:

• Dismissals for capability or conduct – ACAS

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