Gymbal

Serious for a Friday, sorry.

If an employer wants rid of someone who shall I say "does not fit in". Just multiple minor issues and a worry about future potential disaster prevention. Are there guidelines for terminating the employment? eg financial recompense eg ?1 week per year of service?
Without going down the full disciplinary avenues?
The person has worked more than 2 years and their role, though not them would still be required.....

Is it in most peoples' contracts already?

Any thoughts?
Cheers

boxst

I would personally find a way to make that person redundant as working for 2 years they have some rights at just being dismissed without the normal verbal/written warnings etc...

Steve

Bodgit

I second the redundancy route. it's easier than managin someone out. With the current financial climate it could be easier to use that as an excuse for 'tightening belts'

The Zohan

Yup, bare in mind you make the role redundant, not the person. If you have other people doing the same job with the same description then this can get a little more tricky. you then need for all the people to reapply and get rid of the person you want to by saying there is x number of positions and y no of applicants (one more than x) and they did not get the job.

you then create a new role -same as the old role but slightly different in title and function.

The alternative is you take them down the disciplinary route properly and documented to the letter. this can take time and may cost you more in the long run if it get litigious.

Sonic'

And that is exactly what has just happened at my work

2 years service, made redundant, much easier and quicker than going down the disciplinary route (especially as there has been no wrong doings)

Sonic'

If memory serves me correct then your position can be re-advertised as long as they ask you first do you want your old job back (within a 6 month period) other than that a slight job description change and anyone can take your place

It is very commonplace thesedays to get rid of unwanted staff who fall foul of management a sweetener in terms of payoff is usually enough to stop the person making a fuss and maintaining good references

Dunk

iTrader: (1)

Options:
1) Shoot and head for tribunal
2) "Restructure" and then make redundant
3) Compromise agreement
4) Performance manage and follow a disciplinary route

D

paulr

To answer the question it depends on the contract. Not fitting in is rarely a reason to terminate someones contract.

Scooby Snacks 23

Agree with Dunk's 3rd option - a Compromise Agreement would seem to be the best way for this situation - I see it quite a lot in our company.

EddScott

What happens if there are no written contracts?

We are in a similar situation with one of our people.

urban

iTrader: (1)

I'm very curious now.

Because I have exactly the same problem.
Someone who has done many small things, not had melt down just yet.
Constantly has to be how shall I say "Realigned", stays clean for maybe a month, then required realignment again.

No contracts in place either.

I may possibly he heading down the disciplinary route?

Sonic'

It is the reason though, although not the one usually written on paper on the redundancy file

jaytc2003

iTrader: (1)

Can you go down disciplinary though without a contract as they wont have any guidelines to adhere to?

Gymbal

We have contracts, will have to check re severance, minor ongoing crapness mistakes does EVER see she is wrong and also conflict with partner(s).
Do we have to wait for major incidents and do the firefighting after the event.....

urban

iTrader: (1)

Oops, should have read Contracts not in place..........................yet

Contracts will be issued in approx 2 weeks, together with a company guidelines regarding misuse of company property etc.

john_s

iTrader: (1)

You can't just get rid of someone for not fitting in, except in the first 12 months they work for you.

As mentioned above, you make a job redundant, not the person in it. To make them redundant, you would have to warn anyone else in a similar role that there was a potential redundancy situation coming up, and select from the group who is made redundant. Yes, you could "engineer" the selection, but you would have to be able to show that the selection was transparent and the grounds it was made on, or you could face a claim for unfair selection for redundancy. It's hardly likely to endear you to the others that are warned that they are in a potential redundancy situation.

The disciplinary route might be the favoured way. There *might* be a genuine reason for the employee's under-performing, and to ignore that might put you in a difficult position should it come to an employment tribunal. Of course if you were to address it as a disciplinary matter, that would be one of the questions you'd ask.

Yes... an employer's diciplinary guidelines can be separate from the contract of employment.

I once heard an interesting argument for putting as the minimum in a contract of employment and covering more things with policies, as it's much easier to update a policy than it is a contract of employment.

Sonic'

Yes you can, it happens every day, and ive seen it happen so many times and not just in my current employ

Its also called being paid off to leave and keep quiet etc, call it engineered mutual redundancy, its a lot less hassle than going down a tribunal route hence sums of money are usually negotiated

To fill that place a slight restructure and job renaming takes place with absolutley no come back

jaytc2003

iTrader: (1)

yep I understand that it can be serperate, in fact a lot are (mine is, however my contract does mention that there is a disciplinary procedure etc), however it is very easy for the person to say that they have never been made aware of the disciplinary procedures that the company has in place if they havent got a contract, therefore opening a whole new can of worms.

These days imo if someone is clued up, then it is very difficult to get rid of them

Kieran_Burns

iTrader: (1)

In these circumnstances you invoke Performance Management. You set a reasonable set of goals (look up SMART) and monitor over a given period. You do reviews and if they fail then you invoke disciplinary proceedings for failure to reach goals (under achieving)

This way you have an audit trail which is what any Industrial Tribunal will want to see.

I've had to invoke Performance Management in the past and it actually turned a mediocre team member into a good one.