How to fire someone legally - help please!!

A_little_stressed!!

We have someone at work who is completely useless, cannot do their job and cannot use a computer. The company has not had to fire someone in many years, and only has 25 employees. They have been with the company less than a year.

Even a link to a website would be great.

I know it's a terrible thing to do, but we will lose our jobs if this person keeps doing everything wrong!

Pssst

Make them redundant sighting the credit crunch as the cause.
Everyone else is doing it.

Burlesque_Babe

why were they taken on if they can't do the tasks??

Have they been offered training? Was it brought up at any time during any probationary period, or if they have had any appraisals, one to ones during their initial months with the company? Have they had the opportunities to increase their skills etc yet?

JUNIOR

Has she/he had any training ? How can you lose your job is he/she a manager?
How about showing them how to do things the right way.

shocking

SomeBozo

If he has been there under a year you can sack him without giving a reason.

Under two years he has no right to redundancy money.

Bozo

dmg24

Pssst wrote: »

Make them redundant sighting the credit crunch as the cause.
Everyone else is doing it.

Still procedures to follow, though redundancy isn't my thing so I am not sure what they are. www.direct.gov.uk will give more information.

stressed, have your concerns been addressed to the employee? If so, and there has been no improvement, you can instigate the disciplinary procedure. If you were being very fair then this would take a few months to get to dismissal, but I tend to find that people will jump before they are pushed, so shortening the timeframe.

mymatebob

Try this for starters

http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page18474.html

A_little_stressed!!

They were put on a final warning in July if they couldn't perform their job by our next visit from the 'big bosses'

They came and went without addressing the situation, nothing has been documented of the warning.

Training has been given, they have been shown numerous times how to do their job, yet still basic mistakes are being made and advice is not being listened to.

People are spending time doing and fixing their work, and getting behind with their own.

The previous employee doing that job was part-time and left due to retirement, they coped fine with the workload.

This person is full time, and will need replacing, so redundancy isn't an option.

It's not through meaness, the office genuinly cannot function with this person disrupting everything anymore!!

Burlesque_Babe

I would have a 1:1 meeting and say you want to help them with their workload. Document all their current workload - in detail and ask them for timescales for each task. Set deadlines and ask if they need any support. Send an email as confirmation of the discussion, include their comments about any support needed (or not).

Meet again 2-3 weeks later. If the situation has not significantly improved, do you have an HR officer who can sit in? They can take notes and listen to the concerns or the needs of the employee but also listen to your concerns as the manager.

It needs to be made official, but not to be seen as heavy handed by the employee otherwise they could see it as bullying/constructive.

SomeBozo

There are loads of way to bring an employee up to speed.

Setting small achievable objectives with timescales.
One on one support.
Reduced duty and responsbilities.

But the OP didn't ask that.

Bozo

Liz_the_Whizz

Hi A little stressed,

It's crunch time - less than a year, the person can be dismissed without legal recourse (unless of course there is a discrimination angle). They have had plenty of chances to improve, training etc, and the situation is clearly having an adverse impact on work colleagues. No documentation, not great but in the circumstances unlikely to be an impediment.

But from what I am reading, is the real problem that there is no-one at your place of work who has the authority to take the necessary action?

I know this can sometimes happen when absentee "big bosses" are based elsewhere and have the final say so - my BIL worked under a similar regime which made it really hard to get HR issues resolved.

If this is the case, whoever is in charge at your place needs to get delegated authority from the "big bosses" to take swift, fair and decisive action - for the sanity of everyone working there.

Good luck!