Is it that hard to dismiss an employee?

pusched

Hi,

I wonder if someone can help - I work for a small company and we've had a couple of cases where staff were not performing and my boss paid them to leave the company.

He has told me that's the easier way to dismiss someone but I find it hard to believe that staff that is costing us money due to incompetence can't be dismissed without having to be paid off.

AP007

If the staff have been there shorter than 2 years its easy to get rid. No need to pay anyone off other than notice periods

pusched

Thanks for your answer.

So we still have to pay their notice? Even if we have proof of their inability to do the work as required?

Torry_Quine

pusched wrote: »

Hi,

I wonder if someone can help - I work for a small company and we've had a couple of cases where staff were not performing and my boss paid them to leave the company.

He has told me that's the easier way to dismiss someone but I find it hard to believe that staff that is costing us money due to incompetence can't be dismissed without having to be paid off.

If an employee has worked for less than two years (from April 2012) they can be dismissed for any non-discriminatory reason.

Otherwise the employer must follow correct disciplinary procedures. Simply giving someone money to get rid of them is living the employer open to a tribunal for wrongly dismissing them

pusched

Torry_Quine wrote: »

If an employee has worked for less than two years (from April 2013) they can be dismissed for any non-discriminatory reason.

Otherwise the employer must follow correct disciplinary procedures. Simply giving someone money to get rid of them is living the employer open to a tribunal for wrongly dismissing them

Interesting - so would it a case of sitting with the staff member, going through the issues with their work and say that they are dismissed and will only be paid for the days worked until then?

AP007

pusched wrote: »

Interesting - so would it a case of sitting with the staff member, going through the issues with their work and say that they are dismissed and will only be paid for the days worked until then?

Not if they have been there longer than in the post above. You still have to pay notice

Torry_Quine

pusched wrote: »

Interesting - so would it a case of sitting with the staff member, going through the issues with their work and say that they are dismissed and will only be paid for the days worked until then?

https://www.gov.uk/dismiss-staff/fair-dismissals

LittleVoice

pusched wrote: »

Hi,

I wonder if someone can help - I work for a small company and we've had a couple of cases where staff were not performing and my boss paid them to leave the company.

He has told me that's the easier way to dismiss someone but I find it hard to believe that staff that is costing us money due to incompetence can't be dismissed without having to be paid off.

Does your employer provide written particulars of employment to his employees?

pusched

LittleVoice wrote: »

Does your employer provide written particulars of employment to his employees?

You mean a contract? If so, yes we do.

hcb42

pusched wrote: »

Thanks for your answer.

So we still have to pay their notice? Even if we have proof of their inability to do the work as required?

yes. Not to pay notice would be a disgraceful practice.

AP007

pusched wrote: »

You mean a contract? If so, yes we do.

So what does it say about termination of contract?