Employer’s guide to if dismissal via video conference can ever be fair

Technology has made many of our working lives much easier, so is using it to dismiss employees now an accepted reality of the modern workplace?

Terminating a worker’s contract and delivering the news to the individual virtually via Zoom, Teams or a similar platform, is nothing new.

In some cases, and following a fair process, it can actually be a fair and ethical way to break the bad news.

But nevertheless it is a somewhat controversial practice, which it appears is becoming more commonplace.

With the rise of remote working, video calls, and AI, a growing number of employers appear to be using technology to deliver the worst type of news to their workers.

In an era dominated by technological advancements there is no doubt using all available tools to streamline working practices and processes has its advantages, and disadvantages.

For employers, firing staff virtually can save time and money by reducing travel costs, scheduling conflicts and it can help to avoid physical confrontation and emotional outbursts that can follow such announcements.

However, it can dehumanise the process and make the employee feel disrespected and disposable, reduce the chances of closure and feedback for the employee and increase the risk of reputational damage

The rights and wrongs about the best, or possibly most efficient modern way, to sack an employee is debatable.

It is a topic which made headlines again recently when a US employee filmed her unexpected virtual dismissal, and the footage went viral[1] cited 22.1.24

The IT service company that employed the woman as a sales person, was heavily criticised.

The worker posted the video to her TikTok account. The footage showed her being called by an HR advisor who started the meeting by saying: “You have not met our expectations for performance. We have decided to part ways with you.”

In the wake of the video being released, the BBC reported on how workers are now filming their layoffs and then posting it on TikTok[2] cited 22.1.24

The report described how similar videos are gaining traction across social media, because in a new twist for the current landscape of work, many dismissals happen to workers over video calls in their own homes – an isolating event for a young worker, especially if it is their first layoff.

The TikTok hashtag #layoffs is said to have had more than 366 million views.

We have seen cases in the UK in which large numbers of employees have been informed via video conference that they will lose their jobs as a result of redundancy.

P&O Ferries sparked outrage in 2022 when staff were informed via video message they would lose their jobs and be replaced with cheaper agency workers[3] cited 22.1.24

Video calls is not the only way in which technology has been used to dismiss staff.

Earlier this month Pontins employees claimed they were sacked by text message when the holiday park closed with immediate effect [4] cited 22.1.24

Workers at the Southport holiday park said they were told they were losing their jobs by text just hours before the official announcement of its closure on Facebook.

The use of text message to break the news to staff that they have lost their jobs is certainly not new.

More than 2,500 employees of the compensation claims company the Accident Group lost their jobs when the business went into administration in 2004. Many received the news via text message.[5] cited 22.1.24

What feels like the cold and calculated manner in which technology can be utilised to dismiss staff does, naturally, raise legitimate concerns about fairness in such cases.

How an employee is given the news and the process that led up to it will be key factors if the individual subsequently challenges the decision at an employment tribunal.

Unfair or incorrect use of technology can create a legal crisis for an employer because the court will consider the fairness of any procedure that led to an unfair dismissal claim brought before it.

The practice of sacking staff virtually is worthy of closer inspection and discussion.

Here is an employer’s guide as to how technology can actually be used fairly to terminate an employee’s contract in a digital age.

Best practice dismissing any employee using technology

The situations in which you can dismiss an employee fairly, are well known i.e. conduct, capability,  redundancy, statutory restriction or some other substantial reason (SOSR) [6] 22.1.24

You can inform an employee of their dismissal in a virtual meeting.

The individual should be invited to a meeting and informed of the purpose of it beforehand.

Similar to any situation in which you decide to sack an employee, you have to have a valid reason for making the decision and follow any relevant procedures.

The worker should be informed of the reason for the decision and evidence, be given a reasonable opportunity to respond and comment, they should be allowed to be accompanied  at the meeting and given the chance to appeal.

If you fail to do any of these things, the employee might be able to make a claim for unfair dismissal, constructive dismissal or wrongful dismissal.

Therefore, it is vital that you follow a fair process before informing an employee of their dismissal over Zoom or a similar application.

Tips for getting it right

Choose the right technology for the situation.

Video calls are preferable to phone calls, text or WhatsApp messages, as it can allow for more personal and direct communication.

However, video calls should only be used when face-to-face meetings are not possible or practical, such as when the employee is working remotely or in a different location.

Prepare the employee for the conversation.

Give the worker advance warning of the meeting and arrange for it to take place at a time that is suitable for both parties. Avoid ambushing them or blindsiding them with a surprise call or email. Explain the purpose and the agenda of the conversation, and check to ensure the individual is in a private and quiet place.

Be clear and concise about the reasons for dismissal.

Do not beat around the bush or sugarcoat the message. Tell the employee why they are being dismissed and provide specific examples of their performance issues or misconduct. Do not make it personal or emotional, and avoid blaming or criticising the employee.

Be respectful and compassionate.

Acknowledge the employee's feelings and reactions, and express your gratitude and appreciation for their work.

Do not rush or interrupt the employee, and give them a chance to ask questions and share their feedback. Offer them any support that may be available e.g. a guarantee of a reference or career coaching.

Follow up with the employee.

After the conversation, send the employee a confirmation email with the details of the decision e.g. date of last day of service and of final pay and what it will include.

Do not ghost or ignore the employee, and maintain a professional and cordial relationship.

Conclusion

Dismissing an employee using technology is a reality of the modern workplace, but it does not have to be a nightmare or a legal pitfall.

The challenge for any employer is to navigate the delicate balance between efficiency and fairness.

By following some simple guidelines, employers can use technology fairly to terminate the contract of an employee in a reasonable and ethical way, while minimising the negative impact on both parties.

In being transparent, thoughtful, receptive of feedback and complying with legal requirements, employers can use technology in a fair