I have to sack someone

[GoneScone]

I have to sack someone this week and I'm freaking out about it. It's wholly deserved, and this person's only worked for us for 8 months and hasn't been pulling their weight since day 1. I just feel awful though - this is the first time I've had to do this and with the 2nd lockdown kicking in this week I feel just awful. Hardly slept this weekend and just feel horrible that I'll be the person responsible for this person being out of a job. Anyone any words of wisdom to impart? Feel horrendous

Now it's Gross Misconduct all of a sudden? Me thinks not.

Nit that this employee has much rights! Can he dismissed, because of less than 2 years.

But as a Manager, you sound incompetent.

Have a bullet point list to refer to so you don’t forget what you are saying and a glass of water for if you get a dry mouth through nerves

Write yourself a script. Facts, dates times. Expect potential tears or tantrums. You are doing a job - this is a task of that job, its not you.

I’ve had to dismiss people before. It’s proper shit.

The benefit of going through performance plans and warnings etc though is that by the time it comes to D-Day the employee is almost expecting it. If this hasn’t been done, there’s more chance that there’ll be more questions and a lot of emotions.

Work out what you want to say before hand. Keep it brief, don’t waffle, don’t try and blame anyone else or soften the blow.

Maybe talk to the HR Rep who’s attending with you before and see if they have any advice.

@GoneScone

I've only been their line manager since end of Sept and to be honest, they've only had gentle 'prods' to get their act together and further training offered. Some major issues have cropped up in the last few weeks which has caused a number of complaints to be put in about them, and various mistakes made which have cost the company money. I've just been in a state of dread all weekend about it...

Just be thankful it’s not you!

There's zero recourse for unfair dismissal if the person has been employed for less than 2 years

That's not true. They will have recourse if they have a protected characteristic and any basis to claim that's a factor or for various other reasons (which presumably would not apply here) such as pregnancy or whistleblowing.

That (as well as basic human decency and it actually making better business sense). Is why companies usually follow clear procedures when dismissing someone.

but in any case the events over the last few weeks amount to gross misconduct.

So are you conducting the gross misconduct investigation or are you acting on it's results?

I know you keep saying the dismissal is perfectly safe but it does seem a little unclear.

If there has been poor performance since march then this would be the last stage after multiple warnings. If it's just these recent performance issues then it would be unusual for these to amount to GM unless there is mendacity or deception.

Are you quite sure there are no protected characteristics involved? If the employee has been unresponsive over lockdown might it be a MH issue?

@GoneScone. He's an adult HE has done very little wirk, he has done whatever amounts to 'Gross Musconduct', you feel being fired is warranted. The company has the legal sorted.

HE has caused his own downfall, not you

Stop worrying, get it done as soon as you can & move in. He will have to sort his own shit out.

@Oblomov20

Now it's Gross Misconduct all of a sudden? Me thinks not.

Nit that this employee has much rights! Can he dismissed, because of less than 2 years.

But as a Manager, you sound incompetent.

What does that even mean?

Gross misconduct is quite a difficult bar to hit through underperformance though.

And usually requires instant action on behalf of management once they’re aware - I’m not sure it reflects well that you knew about serious misconduct “over the last few weeks” yet you’re only acting on it now?

Oblo- I obviously can't go into the detail here, but yes there's been incidents in the last few weeks which absolutely amount to gross misconduct. But thanks for playing on my current misery to make me feel even shittier. I hope that short snide thrill that your kind inevitably feel when you're making a bitchy comment was all worthwhile 👏

Are they within a probationary period still, or did they pass it initally? Whatever they say, don't take it personally. I've had this recently, and the kindest thing I could do as their manager was not point out they were actually the reason they no longer had a job, not me, or anyone else on the team.

Terrible - it's has required investigation and discussions with HR. Have obviously held the initial discussion with employee too. I know I've been vague but I feel that's required on an open forum. I'm not wanting employment law advice, this has been taken care of my my company and I know that it's not an over reaction. It's just the first time I've had to do this and feel pretty wretched about it.

It’s never ever nice - I’ve only ever had to sack two people and one was over a major incident that involved the police - but I still hated doing it.

It's not nice, but if you have all your facts at your fingertips and the support from HR you will be OK, IME.

Get straight to point.

Make it crystal clear you’re letting them go and why.

Don’t be unkind but don’t say you feel bad/are sorry.

Don’t blame anyone else.

Tell them what they’re entitled to and what next steps are (leave immediately/collect their stuff/say goodbye)

And sorry yes, probationary period is 10 months - still under probation

Ah OP you poor thing having to do this - never had to do this or been sacked myself so no advice but wish you all the best - possibly won't be a massive surprise to the employee, they must know it is a possibility and instead of feeling bad, think that it will create a vacancy or someone else xxx

Thanks Fish, that's what I really need to focus on. Just feeling wretched about it, especially after it's been a shite year for everyone.

If you have the probationary documents that clearly state what was expected plus investigation report.
You're not sacking for the gmc as such as opposed to ending the probationary period he entered into.
Be factual. It's crap. Be concise. Give opportunity for his response. Confirm the payments and deductions situation and accrued or taken leave. Explain re references. Explain its immediate.
I would have a script or all of the relevant documents copied with highlighted elements in order, then destroy after.

Good luck.

Ps if you've only been the line manager since September, I'd be requesting some cpd, so tgat when it comes to new starters probationary periods etc, you're hitting all the spots to support them and also to cover your own back!
If an organisation is effective in recruitment and supporting new employees, probationary periods should be positive on the whole. (I like you had to make many of these failed probationary periods in my last role, so changed the whole recruitment process to get the right people to start with and improved the level of probationary support to reduce the failures).

Good luck, its shit. Especially if f2f.

How @Oblomov20 can "tell" you’re incompetent from the limited information you’ve provided is beyond me

OP I hope things go ok, it must be very unpleasant. I’ve not been sacked but I have been made redundant, and the manager who did it (not my line manager!) was shaking and trembling as he did so. It annoyed the fuck out of my and made me lose all respect for him, so my recommendation is to be brief, factual, to the point and to remain in control of yourself. Let the employee do the reacting, if that makes sense? It’ll be easier for them as well as for you if you don’t show your nerves.

I had to dismiss somebody earlier this year. I manage a small professional team, it's very rare for someone to leave in these circumstances. I had a couple of sleepless nights but got through it with help from HR. In the long run I've learnt from it and will definitely be more focussed on recruitment and probationary procedures now.

It sounds like you are just delivering the message and not responsible for how it was handled?

Re the process...it doesn't sound to have been handled well in so much that they would have received development plans with regular reviews and when conduct or performance was evident amounting to misconduct or gross misconduct it should have been put to them at the earliest opportunity. A gentle prod would not suffice if it ever ended up at an employment tribunal and as @donquixotedelamancha said, there are options to apply to a tribunal is certain aspects of discrimination are proven. If the process had been followed then they probably would have left anyway.

Whilst you now have to do it, as a new manager I would read up on policies and disciplinary/performance processes including reading ACAS guidance so when you get another one thrust at you, you can ask HR for all the justification.

I once took up a new role and one of the first thing was to sack someone. I was experienced already, reviewed the evidence and refused to sack them (despite them deserving it) as the process followed and evidence recorded didn't in my view reach a satisfactory level..and having attended several tribunals before I know that they are nearly always sympathetic to the applicant so the employer really needs the ducks lined up

OP I work in Sales and we use the POPSA process as prep for customer meetings, I find it works really well for difficult convos as well. You can Google obviously but a quick summary:
Purpose - what's the purpose of the meeting (what you & other person believe - can be different - if so good to realise)
Objective - what are your objectives for the meeting?
Premise - what do you know about the customer, what background information is relevant to this meeting that you might need to refer to? What is the history & what has previously been discussed?
Strategy - what is your strategy for running the meeting? What order will you tackle things in, what will you say or not say and leave them to ask? What roles should the various people from your side play?
Anticipate - what do you anticipate the customer might say or ask, and how will you respond?

I hope that helps. Good luck!

How did it go @GoneScone?

Thinking of you today OP how did it go?