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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Dismissal

32 replies

hugnasd · 23/10/2023 19:41

Aibu to dismiss a member of staff who has worked with us for under a year who has openly admitted she hates the role she was employed for and refuses to do tasks we ask.

I've been looking at lots of gov and HR websites and just can't make head nor tail of what I can legally do.

I am a very small business owner and this person is really disrupting the culture with their negativity and vibe and need them out.

Does anyone know if I can just have an open and honest chat with them and say 'look this is just not working out, I'll pay you for a month plus unused holidays and we'll finish it now'?

I just don't want to do anything wrong in the eyes of the law. Can anyone help?

OP posts:
hugnasd · 23/10/2023 19:47

No we want them gone. They are detrimental to the culture of the business which is really sad as we had such high hopes.

OP posts:
xyz111 · 23/10/2023 19:47

Sorry, posted the same time you did!

user1846385927482658 · 23/10/2023 19:46

happylittlesloth · 23/10/2023 19:43

How long exactly has she worked there? You say under a year but are we taking 3 months or 11 coming up to 12. Did she have probation period? Have you had formal documented one to one meetings where you have outlined the areas for improvement.

Probation has no legal standing. Under 2 years you can dismiss someone for any reason other than a protected characteristic.

xyz111 · 23/10/2023 19:46

Have you had a chat with her about why she isn't doing the tasks she has been asked to do? She might need some more training. Have a honest conversation about her work not being up to scratch and she needs to improve. That's if you want to keep her/ give her a final chance. I'm not sure on the legal side of though of sacking someone.

hugnasd · 23/10/2023 19:46

@happylittlesloth exactly a year. We had a review in summer and was they were negative and dry then. We hoped to see improvement after discussing tasks but no. Their is just no oompf and need her gone. Can I legally terminate their contract?

OP posts:
Wowzel · 23/10/2023 19:44

It might be worth paying an HR person to give you proper advice

happylittlesloth · 23/10/2023 19:43

How long exactly has she worked there? You say under a year but are we taking 3 months or 11 coming up to 12. Did she have probation period? Have you had formal documented one to one meetings where you have outlined the areas for improvement.