Honesty is not always the best policy

Posted 12/05/2015

A company director found herself the subject of a lot of press attention a few weeks ago when she sent an abusive rejection e-mail to an applicant who had been interviewed for a position as a self-employed labourer.

The foul-mouthed email tirade described the 48 year old as “an old, aesthetically challenged guy with no teeth”. It went on to say “…you are not only the most inappropriate person for this job, but probably for any job you will spend the next few years applying for, only to get rejected as soon as they meet you.”

The director said that she thought the applicant had behaved in a rude and offensive way at their meeting. She said that the email (which represented her personal opinion) had been sent in error, and she had merely been venting her frustration after, somewhat ironically, reading an article that day suggesting that anger and upset could be released by writing it down. Unfortunately, it was that “rant” which made it to the unsuccessful applicant’s inbox, rather than the alternative, and more appropriate email she had drafted giving feedback on the interview.

This is an extreme example of what not to say. Whilst problems with performance in a work environment, for example, may involve some plain-speaking, it is important not to resort to personal attacks. There is a raft of legislation that could be breached by such a conversation, including the Equality Act, and getting it wrong can have expensive consequences.

Employers should remember that any discussion with a member of staff, whether a performance review or simply a general discussion about their role and responsibilities, it is very important to document what is said. This can be in the form of an email or a note put on their personnel file, but documented nonetheless.

An employer should also look at how anyone in the business with responsibility for staff management and interaction is properly trained in the right procedures. That could be in the form of refresher training held in-house on the companies procedures but externally delivered training on employment law and any changes is also extremely beneficial.

For individual advice, please contact Claire Sleep from our Employment Law teamon claire.sleep@ashtonslegal.co.uk or telephone 01223 431094.