Looking for the best strategy to dismiss an employee - Question for any HR/Employment law experts

Alfrescodave

nicechap said:

Mellisa_D said:

We have an employee who is less than 2 years service.
There are several performance related issues with this Employee over the past several months so planning to hold a disciplinary hearing. Examples are around:
-Lack of attention to detail
-Keeping files up to date
-Payroll errors
-Failure to follow reasonable management instructions
- Accurate reporting
Etc.
There are around 30 supporting evidence documents to back this up.
The outcome we want is to dismiss her.
Ordinarily this would be a straight forward case. However she has recently applied for flexible working due to Childcare reasons which has been rejected by the Company.
There is also some indication that she may raise a grievance against her line manager who has raised the performance related issues.
I'm reaching out to this forum to get some HR advice on this as I believe that we have grounds to dismiss her however I would like to get some opinions.
My question to any HR experts is what would be the best strategy to dismiss her and what are the pros and cons based on the above?

Your best strategy would be to follow your organisation's policies to terminate the employment contract. You could ask your HR to explain the difference between managing poor performance (Which you should have been doing as soon as it was noticed) and disciplinary (which should also be tackled as soon as practical once an event is known about).

"Reaching" out to strangers on the internet, like several other new posters have recently, is not professional.

Edited to add: deciding on the result of a disciplinary (to dismiss) before the process has begun  is inherently unfair, Though there are circumstances where someone could be summarily dismissed to safeguard colleagues, assets etc.

My reading of the post is that this is a small company which doesn't have a designated HR and so OP is looking for a diy HR process

MovingForwards

@nicechap do you honestly think some companies haven't already made up their mind what the outcome is when doing disciplinary procedures, capability processes, appeals etc?
I've asked people who have done them if they had already decided the outcome and the answer was 'yes'. 

The information is available from all sides prior to meetings, discussions during are just to go over what has been submitted and to demonstrate procedures have been followed.

There's probably a lot less businesses who do decide after hearing, compared to those who have pre-decided.

TELLIT01

If the employee has had regular performance reviews, and their performance has not improved I certainly don't see any problems with dismissing them now.  If nothing has been said to them previously they may be able to find a no-win, no-fee company to take on their case on the basis of discrimination in some form or other.

Masomnia

garmeg said:

Mellisa_D said:

We have an employee who is less than 2 years service.
There are several performance related issues with this Employee over the past several months so planning to hold a disciplinary hearing. Examples are around:
-Lack of attention to detail
-Keeping files up to date
-Payroll errors
-Failure to follow reasonable management instructions
- Accurate reporting
Etc.
There are around 30 supporting evidence documents to back this up.
The outcome we want is to dismiss her.
Ordinarily this would be a straight forward case. However she has recently applied for flexible working due to Childcare reasons which has been rejected by the Company.
There is also some indication that she may raise a grievance against her line manager who has raised the performance related issues.
I'm reaching out to this forum to get some HR advice on this as I believe that we have grounds to dismiss her however I would like to get some opinions.
My question to any HR experts is what would be the best strategy to dismiss her and what are the pros and cons based on the above?

If service is under 2 years you can dismiss regardless I think. Not sure if the flexible working request has any bearing as it is mostly women that apply for this (at a guess) so there may be a sex discrimination issue?

I don't really do helping businesses on here either, but for the benefit of other posters/people reading the relevance of the flexible working request is that dismissing someone where the main or principle reason was asserting a statutory right (which a FWR is) the two year qualifying period for unfair dismissal claims does not apply. It's not just 'protected characteristics'. But you're quite right that it could form part of a discrimination argument too.

As above should get proper advice and not rely on randomers on the internet.

adamp87

I appreciate you are looking for help but going to an online forum is absolutely the worst way to do so. You can’t verify anyone’s credentials or advice.

If you are needing HR advice they are many resources, even telephone set ups that you can use being a business - and would keep you from any legal issues. I’d advise setting up one of these for problems such as this.

JReacher1

It seems against the premise of this forum to have a thread advising how to sack someone. 

Have you tried any attempts to train this person to get them up to an acceptable standard?

i would also suggest you seek HR advice from a trained professional as opposed to trying to get it for free from random people from the internet. 

steampowered

It is very ironic that you criticise this employee for a lack of "attention to detail".

The way in which you have posted (asking for advice based on bare bones information) and the way in which you have handled the performance issues (it doesn't sound like any attempt has been made to follow a proper capability procedure) indicate that you are the one who has zero attention to detail.

While you can dismiss an employee who has less than 2 years' service, if you do so without following a fair procedure in line with the ACAS guidance, you do start opening yourself up to things like discrimination claims.

Thrugelmir

Mellisa_D said:

We have an employee who is less than 2 years service.
There are several performance related issues with this Employee over the past several months so planning to hold a disciplinary hearing. Examples are around:
-Lack of attention to detail
-Keeping files up to date
-Payroll errors
-Failure to follow reasonable management instructions
- Accurate reporting
Etc.
There are around 30 supporting evidence documents to back this up.
The outcome we want is to dismiss her.
Ordinarily this would be a straight forward case. However she has recently applied for flexible working due to Childcare reasons which has been rejected by the Company.
There is also some indication that she may raise a grievance against her line manager who has raised the performance related issues.
I'm reaching out to this forum to get some HR advice on this as I believe that we have grounds to dismiss her however I would like to get some opinions.
My question to any HR experts is what would be the best strategy to dismiss her and what are the pros and cons based on the above?

Speak to an employment solicitor if you don't have internal HR expertise. Sounds as this employee may well try it on.  You need to nip this in the bud immediately. Before she fires the first salvo putting you on the back foot. 

Hasbeen

Mellisa_D said:

There are several performance related issues with this Employee over the past several months so planning to hold a disciplinary hearing.

The outcome we want is to dismiss her.
 However she has recently applied for flexible working due to Childcare reasons which has been rejected by the Company.
 

So newish employee, she has been there just under 2 years. What has been discussed at reviews re, work / performance?

Last few months problems occurred ? perhaps due to child care reasons. And she has asked for flexible working, to help this?

So what efforts have the "company" done to help / support her? You have already invested just under 2 yrs in this employee.

But her request has been refused due to performance or other non specified reasons?

Your mind is already made up to dismiss, without any discussion. But you are holding a disciplinary hearing. Where the outcome is "surprise" dismissal.

As others have said under 2 years employment, no reason to be given for dismissal unless Race, Gender, etc by law.

But it appears to be a really unprofessional company, that do not follow any procedures and have to resort to asking anonymous people on a forum for advice. Really!

If the company does not understand basic employment legislation, then I would advise getting a professional employment HR Specialist / Solicitor etc involved ? ASAP before your "hearing"  

AW618

JReacher1 said:

It seems against the premise of this forum to have a thread advising how to sack someone. 

Why?  Where does this forum make any claim to be "on the side of the employee"?