having to dismiss someone for the first time- civil service

[hugefanofcheese]

Hi all,

Just looking for a bit of support really and any advice to make sure I'm doing this the right way.

I am a middle manager in the civil service on a small team. I only manage one lady and after a lot of work to improve some real issues with her performance, I am having to let her go. Her fixed term contract ends soon but in the civil service it is in effect a dismissal rather than just being able to let it expire.

Her attitude is appalling a lot of the times (including ignoring most actions in her improvement plan, blame shifting, denying and defensiveness when mistakes have been raised, and and lying to occupational health when I referred her for a suspected underlying condition). She gets by with a very friendly demeanour (until challenged) and has had a string of short term clerical jobs throughout her career.

her improvement plan took the form of a PIP stage 1 but she had not passed probation when it started so it wasn't formalised through HR (although it is strictly evidenced and recorded). Therefore it looks as though we are having to give budgetary reasons for letting her go. This doesn't sit well with me as I would like to be honest and make clear her own actions have led to this but I understand performance is the harder route to justify.

I also feel extremely guilty not extending her contract during covid but she is simply not capable of the job and has proven herself unteachable despite huge effort from me. She was recruited before my time by my director who says he should never have taken her on, and actually makes a lot of work for me and colleagues as she cannot be relied upon to do any task properly. This is more unhelpful as I am working on the covid response as well as normal work.

HR have advised me and I am at the stage of notifying her of a meeting of her contract finishing. My line manager, HR and director are great but distracted and I have never dismissed anyone before. Any advice on handling this right, especially the meeting with her?

I could, if i wanted just extend her by a month which would cover most of the summer. Would anyone suggest doing this was the right thing to do and sucking up the performance and behaviour? I feel like it is but there is a lot to do and she is a hindrance apart from a couple of very basic admin tasks that she takes all week over.

If you've got the flexibility to extend and give her a bit more time then that would be kind. Be clear when offering that, that it's unlikely to be extended for a second time due to budget. It will give her a bit more time then.

More time to find another job, is my point. Sorry, early.

Hi. I don't think the right thing to do is to be kind in this situation - it may cloud the process later on and make it more difficult.

These things are hard on managers, and I understand how you feel with the lie. How long has she worked for you? If relatively short, perhaps the one month extension could be used to performance manage formally rather than using the financial excuse?

Don't let it become personal and stick to the facts. If you have to terminate due to "budget" because the poor performance can't be used (why wasn't she let go when her probation ended if she's as bad as she sounds) then I think it's probably best you don't bring up any of her shortcomings that you've tried to work with her on. That could create problems for you later.

If it's down to budget then that's reason enough. Don't deviate from the line!

If she’s coming to end of her fixed term contract just let her go without getting into discussions about behaviour. Do as soon as you can don’t drag it out. Be neutral but firm. Any staying into performance issues will muddy the waters and give her an in to complaints procedures.

I’ve fired a couple of people from the civil service. It’s really hard to do and you cannot expect any support or even correct advice from HR. Luckily you don’t have to do this.

Just stick to the facts. I wouldn't offer to extend - you have given her enough time to meet targets etc. Make sure you've got each fact documented so you have evidence to back up what you're saying. She will want answers to questions and be prepared for her to take it very badly. I would write to her in the first instance and allow her to bring with her a colleague for emotional support, or her trade union rep if she has one.

This is a completely public forum so my first advice is not to post in such detail about it here.
You are far too emotionally invested, with thoughts about being kind etc. Her FTA is coming to an end. Let her know that it won't be extended. No need to refer to behaviour. Very neutral and factual. This is totally normal, even in the CS.
Document every convo with her straight after.

Stick to the facts.

Remember that having a job means you're paid to 'do a job'. If you can't or won't do the job then in reality you have no right to keep it.

No one has a 'right' to be laid for a job that they aren't doing. It's grossly entitled to think otherwise and it's a shame so many people get away with it, usually to the detriment of their colleagues who pick up the slack.

The situation you find yourself in happens more frequently in the non profit making sectors. It is tolerated less often where businesses have to make profit to survive. That doesn't change the fact that's he's wasting tax payers money though!

You completed a pip and have documentation of your meetings to try and improve her performance. She signed a fixed term contract with an expiry date

You need to be objective and put your management hat on. Yes times are tough, and covid is causing all sorts of issues, however she knew this contracy would expire so meeting with letter confirming the contract will end on the original date.

You dont need to say because... its because her contract is expired. If you have to do an exit interview sit down with HR and work on constructive feedback that will address what needs to be said.

Yes its hard but you need to keep your emotions out of it, be understanding and supportive. If she protests in the meeting about contract termination just say "i understand this is difficult which is why we are giving you as much time with this notification as possible"

Dont give her anything that could make her plead unfair dismissal. Make sure your documentation is there and ready.

thanks everyone. I broadly agree with the view that she has had notice since the start of her contract that this would be the end date. I wouldn't feel inclined to extend her other than due to the current situation but to be honest I think she would be better just going. I feel that she would be quite unpleasant for another month and I would be at risk of grievances etc for longer (she has quite an entitled view and sees herself as very competent).Luckily she's not been with us long enough to claim unfair dismissal. I do just need to make a decision on the end date quickly. Neither option is perfect.

Please don't extend. It's not fair on anyone else she works with to have to put up with someone incompetent (been there!), and when there are so many pressures on public spending it would piss me off immensely to think that government money is being deliberately given to someone who cannot do their job.

Based on your update, I wouldn't extend.

when there are so many pressures on public spending it would piss me off immensely to think that government money is being deliberately given to someone who cannot do their job.

Yeah, Boris Johnson pisses me off too.

Just notify her that her contract isn't being renewed. If she asks why just say it's the end of the fixed term - you don't have to have a reason.

I've got a similar person in my team - also civil service - I would pay to have the opportunity to simply end their contract. Dealing with permanent poor performers is incredibly hard on all involved.

@KillerofMen

KillerofMen 😂

ISleep I honestly never realised how much time and energy this consumes. You have every sympathy. If she was crap but honest and self aware enough to learn and seek help where needed (even if asking 100 times), that I could work with. i understand. I've been in the wrong job before and had to make the best of it until I could move. it's the bluffing and covering up and never admitting she doesn't understand a task until it's too late that waste hours of time. And the worst of it is, it must be awful for her, somehow feeling she has to do those things, even though I've absolutely spelled out that I would be happy to answer any queries and help her plan tasks.

I wish this could happen with a colleague of mine who is lazy, persistently underperforms and does a tenth of the work that anyone else in the team does. When I have raised the issues with my boss he says I work more quickly than the rest of the team and makes out I am being over critical and negative. It's the most unproductive team ever and every day I think how does he get paid to do so little work. the fact it is funded by charitable donations makes it so much worse.