How to fire someone legally - help please!!

jobbingmusician

Totally agree with LizWhizz. The most important thing is to get rid of this person inside the year, or potentially this will drag on for ages.

Were clear objectives set at the last disciplinary? If so, have these been met?

Clear objectives set and not met = swift disciplinary and dismissal.

Clear objectives set and met = review meeting. Acknowledge that these have been met, and set new, higher objectives, with a target date for meeting these inside the anniversary date. (The disciplinary code is supposed to be there to help employees improve to the standard required, after all!) It doesn't sound as if this has happened, however.

Objectives not set = another disciplinary meeting, citing examples of where you feel the employee has not met company standards, despite training. Give good notice of the meeting, invite employee to bring colleague.

OR - redundancy. This is risky for the following reasons

1. Staff member should be redeployed if possible (sounds as if you might be part of a larger organisation?)

2. You will have to have clear criteria for redundancy selection, and the recent implementation of anti-age discrimination legislation means that 'last in first out' may be considered unfair as it disproportionately affects younger people. You could however include performance as a redundancy criterion, which would automatically select in an employee on a final warning.

Useful links.

Handling a disciplinary

http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&r.l3=1075122891&topicId=1074207487&r.l2=1074207487&r.s=m&tc=000KWBERR2010401007

Redundancy

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073792400

PS Was there an expiration date set for this final warning? It is often 6 months...........

mymatebob

I think you want to steer well clear of the redundancy option.

It is a particular person you want to get rid of - not a post.

The lack of documentation might be an issues, despite the "warning" having been given
How formal was the warning?
Were procedures put in place to monitor improvement or lack of it?

Sounds like a typical poor management scenario.
There should also be some feedback given to whoever recruited this person in that whatever criteria they used seem to be flawed

gingerdad

A_little_stressed!! wrote: »

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!

If they have been with you for less than a year you can do it easliy.

GD

A_little_stressed!!

Thank you everyone, I'll pass this on. We are one of those places that only see the 'big bosses' a few times a year on their rounds, and are too busy to talk!

Emzagem

A_little_stressed!! wrote: »

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!

Hmmm, tough one!

If you haven't got a friendly solicitor or helpline to one, suggest you look up Citizen's Advice website www.adviceguide.org.uk, and look under Employment. MAKE SURE you understand/know what you're doing first, as it can result in a hefty sum if they win via an Employment Tribunal ...

Best of luck,
Em
That CAB woman again ...