Dismissal

[hugnasd]

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?

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.

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

@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?

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.

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

Sorry, posted the same time you did!

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

well then you will have to have a chat and get her gone

https://www.acas.org.uk/dismissals

@user1846385927482658 I have read this but not on the gov website and wondered if this was legally true. I am hoping it is 🙏🏻

You can just sack her. Give her the requisite notice and tell her she can take it as gardening leave.

I think you can dismiss them if they've only been working for you for a year.

Legally if unemployed for under 2 years you can be terminated for any reason apart from a protected characteristic.
you can simply say “you’re no longer required and we’re terminating your contract”

Yes just get rid. Pay them the notice period and escort them off the premises.

HR Director. I’m going to assume the contract doesn’t mention a process being required before 2 years employment and that there is no policy confirming such.

if neither is true, you’re good to go.

Employees only gain statutory protection against unfair dismissal after accruing two years’ continuous service with the same employer.

It may be that you do not think an individual is the right fit for your company or organisation, or there could have been various conduct or capability issues that have raised legitimate concerns.

For the employee with less than 2 years service, this may mean that their contract of employment can be lawfully terminated without further investigation or prior warning, and without the need for you to defend either your decision to dismiss or the way in which this is handled.

hundreds of resources on Google. Get rid.

@hugnasd employees can't claim unfair or constructive dismissal under two years service (including their notice period). So the vast majority of the time it is safe to do this, however - you need to make sure you aren't breaching the contract (so they'll be due their notice pay and any accrued but untaken holiday) etc.

The only issue is if they have a protected characteristic and they have evidence that you are dismissing them for that reason (eg. Race/ age/ pregnancy status). If you can link purely to performance (that hasn't been hindered by a protected characteristic) then you should be okay. Feel free to message me if you like - I head up an HR team

They've been employed less than 2 years, their attitude sucks, and you're not getting rid of them for any reason that would classify as discrimination.

Just make sure you give the correct notice period which they should work. Also make sure you pay any outstanding holiday entitlement.

@OnceAgainWithFeeling thank you, no processes required under 2 years. Very basic contract. This is very helpful for me and hugely appreciate it.

perhaps a performance review
she fails and is gone

Refer back to previous conversation(s), reiterate training that has been given and be specific about where/how she is not meeting requirements of the role and therefore based on past 12 months you don't believe this will change.
Pay contractual notice and any holidays accrued but not taken up to leave date.
Be clear in termination letter about why she is dismissed.

@ThelastRolo20 thank you so much. It sure how to message on here but really appreciate your and everyone's advice. Never had to do this before. We have a great team and need it to get back on track quickly.

@hugnasd no problem, make sure you provide them a letter detailing last pay, including notice and accrued/ untaken holiday. No problem also putting in the letter that they're being dismissed for performance and conduct (attitude to work)- saves them arguing that it's for anything else. Make sure in your meeting it's not framed as a discussion/ debate - this can turn it into a hearing and can muddy the waters. Be short and sweet - to the point, wish them all the best and pass them their letter. Good luck!

Just keep it as simple as possible, "we don't require you any longer - I'm sorry, I will pay your X weeks notice and accrued holiday which amounts to £x on X date and you can leave today to give you a chance to look for another job" Put it in a letter and hand it to them.

Make sure the office/shop is clear of other staff so they can clear their desk/area/locker.

When we had to do this in a small office at short notice, DH called in the member of staff, and I sent everyone off into a meeting room with coffee for a "sales meeting" with another manager.

They cleared their desk (very quick as had only been with us a month) and left.

Oh and I usually say I will be happy to give them a reference. But I only ever confirm working dates and job titles and keep the reason for leaving vague in this case.