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How to get rid of incompetent employee

(12 Posts)
RhodaBull Tue 22-Mar-16 17:11:54

On behalf of friend:

She has an employee who is not up to scratch. She was just about to dismiss her when she announced she was pregnant. She returned from her maternity leave pregnant again. Her performance is apparently dire and has just been given a verbal warning, but in turn employee has now accused firm of bullying. Friend's company is small and there is no dedicated personnel manager. Friend is frustrated that this person is earning a large salary, constantly fails to perform her duties and now has pulled the bullying card. What are her options?

AdvocateNotAdvocat Tue 22-Mar-16 17:14:46

Advice from solicitor who deals in employment law? Is friend member of FSB - may be able to offer advice?

RhodaBull Tue 22-Mar-16 17:21:08

I said she should consult a solicitor. So easy to get it wrong. Friend is a very caring employer and she feels this person has really taken advantage.

AdvocateNotAdvocat Tue 22-Mar-16 17:22:53

Sounds as though friend's employee is well versed in her rights. Most solicitors will offer free initial consultation too. I hope your friend gets this resolved for all their sakes.

Lonecatwithkitten Tue 22-Mar-16 19:09:57

Get proper employment law/HR advice there are multiple companies out there that as an employer you can buy this service from.
Start proper performance management as advised by advisors it will take time by if followed correctly you can get rid of poorly performing employees.

OzzieFem Tue 22-Mar-16 19:40:02

If your friend is not careful her employee will soon be taking "stress" leave, then her maternity leave, and the cycle will continue.

NeatandTidyTidyandNeat Tue 22-Mar-16 19:46:48

Definitely get proper advice - it will be cheaper than either continuing to pay this person's salary/accidentally becoming liable at tribunal! While your friend is getting the advice, it would be worth getting the company's HR policies reviewed (disciplinary and capability, as a minimum). ACAS have some good advice and model policies on their website, which are helpful in setting out the required steps when managing a discipline or performance issue. It's much easier to manage these things when you feel you're on solid ground in terms of understanding the due process smile

RhodaBull Wed 23-Mar-16 08:49:53

Thanks v much. I will tell friend to look on ACAS site. Yes, she is afraid that next step for employee is going off with stress.

chipsandpeas Wed 23-Mar-16 21:36:42

even if she goes go off with stress doesnt mean that action cant be taken against her, specially if a sckness policy is in place
but id suggest she gets specialist advice just to cover her own back

flowery Wed 23-Mar-16 22:09:39

She needs to take proper professional HR/employment law advice. Attempting to dismiss a pregnant employee who is making accusations of bullying isn't something to try to steer through using just Internet forums and generic ACAS website advice.

RhodaBull Fri 25-Mar-16 15:10:35

friend's head is spinning as person employee accused of bullying her (who is actually her subordinate but who is fed up with her incompetence and having to do all the job themself) has accused her of bullying too!

Lonecatwithkitten Fri 25-Mar-16 17:29:41

She needs paid for professional HR advice immediately before this spirals out of control. There are services were an independent third party can come and perform the investigation etc. and it sounds like this is what she needs. Any cost now is likely to be saved on tribunal costs if this goes wrong.

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