Can anyone advise please? Problems with new starter

[Newstarterproblems]

NC'd for obvious reasons but could do with some advice, esp from anyone with some HR experience. Sorry it's so long, wouldnd't normally write this much but I'm really struggling.

I work for a learning disability charity. I recently employed someone with a related learning disability who interviewed well and seemed like they would be a good fit. The OH report outlined the features of this medical diagnosis and said all they'd need was a little extra time/support. Fair enough and thrilled to get someone who could represent us and this learning disability.

It's been 7 weeks but from the first few days it's become glaringingly obvious that they had minimised the challenges they have whether this was intentional or not. They don't meet some of the essential criteria from the job description and had overplayed their experience in this field and the impact of this is that they have made mistakes which have been inconvenient/slightly damaging such as overwriting files, misunderstanding tasks (despite me putting in reasonable adjustments to ensure they can do it to the best of their ability), being careless more than once despite me asking them to be careful which haved caused problems with our service users and offending one of our key clients due to how they were in a meeting with them. I've put in a whole raft of reasonable adjustments but the improvement is marginal and I don't think will change given their diagnosis. It has taken up an inordinate amount of my time where I have been unable to progress larger client relationships as I've needed to take over work that this person has - to be frank - messed up. I've tried, I really have, I want it to work for this person as one day this could be my own daughter.

I've needed to feed back the things that have caused issues and this person has taken it badly. They emailed me on a Sunday saying that I'm obviously a "nice person and mean well" but my feedback is coming across as critical and negative, that I need to give them more positive feedback (I've tried but it's slim pickings) and their mental health is suffering. They also keep mentioning their disability on a regular basis which feels a little pointed given we're a learning disability charity.

They're also part of a particular cultural community which they have mentioned a couple of times in order to say that a) they've got many influential contacts one of whom is our major supporter and b) if anyone has any trouble there is always someone who will pop up to help. They feel like veiled threats to me though I admit I'm feeling depleted after the last 7 weeks. Their performance keeps negatively impacting our business goals but as they are disabled we need to ensure we support them. Plus the reputational risk if they decide to use their influential contacts against our charity.

HR have been helpful but my gut instinct is screaming that this person being in this role won't work. They obviously have skills but they're not right for this role. They have a 'buddy' and all the reasonable adjustments they want have been put in place. I'm now exploring the route of another OH referral and the Access to Work scheme.

I'd really appreciate some advice on how to tackle this if anyone would be generous enough to help.

You need to let them go. Having a disability doesn't mean they can do the job.So long as you can clearly explain what's going wrong and how you've tried to fix it that's all that matters. (And yes, I am disabled).

Can the organisation you work for afford to hire an additional person to fulfil the role you originally hired this person for? Then create a position that can utilise the skills of this existing employee?

Let them go. Make sure you've been watertight in terms of documenting adjustments, support, training, etc but either allow them to fail probation at the end of the period, or give them their notice first depending what HR suggest. The performance is one thing but the threats are another. It sounds like trouble so I'd get them out at an early stage. If all of your efforts are audited there shouldn't be a reputational issue. Can you prove the weren't honest on their CV?

It's a shame but their disability doesn't make them a good bet, it also doesn't mean they should be kept in for optics when they're terrible at the job.

I have a disability too.

Thanks for your replies. Yes I can't see how this will improve enough to confirm them in post... but I'm fearful there will be some process which prevents this.

I wonder if that's something we could consider @ImustLearn2Cook I doubt we can but we could at least say we could explore it.

I would have suggested this but for the pointed comments etc

If they had unlimited funds perhaps, but it does sound like the newbie doesn't have the skills at all

I worked with someone like this and he made our working lives hell

Knew it all on paper, because he could memorise huge tracts of texts, but utterly useless in the technical environment we worked in

He couldn't even read the time properly and would abuse the kitchen staff as they shut up shop at the time they said they would, because he hadn't had lunch, even though the admittedly limited canteen hours were posted across the building

He jeopardised contracts and was fired in the end, but not before he accused us all of racism

A newbie can be fired within two years with no come back as long as they haven't been fired because of direct discrimination

Edited because the autocorrect is too polite

If they can’t do the job then they can’t do the job, the same as any person. As long as you have given everything needed to support them, reasonable adjustments etc, there is no comeback. Not every person is able to do every job, everyone has different skills, that is fine, there is something for everyone this just isn’t a good fit for them

Thank you all so much. I'm documenting everything @Waterboatlass I couldn't even give them their objectives for the first month as they seemed so overwhelmed with everything. So we're starting the 6 month probation period from then and the plan is to have a mid point review at 3 months.

So there's no comeback within the first 2 years, right... that's good to know. I'm just worried he will do something informal regarding our reputation. It'd be catastrophic if so...

He absolutely can't see that he can't do the job. He's so confident and minimises anything that doesn't go well. He immediately manages it down.

I had a meeting with him after he sent me this Sunday email and he was at his parents house (we have a hybrid working arrangement) and reflected in the mirror I could see someone come in and sit down listening to what I was saying as he didn't have headphones in. Saw his eyes dart. I'm not sure what to make of this.

this probably won’t end well but let’s assume there is a chance to redeem themselves.

is there a probation period? Document everything you ask them to do, explain what level of performance you need them to reach by dd/mm/yy. keep going with the feedback on tasks.

Set up a meeting again with HR and your own Manager to agree an your approach and ask when you should escalate to indicate to the employee that they aren’t on track to meet the standard required to pass probation.

honestly I would get them out sooner rather than later if you think it will end this way - I had someone go on MH leave in their first month and our HR refused to sack them so we were stuck for six months until they completed their process and I was covering both jobs.

I employed someone who exaggerated their cv experience and lied in the short interview we had. That is what we have probation periods for, as you can’t really tell in one hour interview - or even two - if someone will be able to do the job.

also speak to your own manager and ask for guidance especially if it’s impacting your work. Managing under performance is HORRIBLY time consuming.

I would not be investing such a huge amount of time to train and support a brand new hire, even if it’s strategically a “good look” and you are sympathetic.

I think you need to try and be quite black and white about this OP, and not allow for too much further discussion.

This person can't do the job. It's as simple as that.

You've given them all of the chances and adjustments, and they still can't do the job.

The process is that if they still can't do the job after having all reasonable adjustments, you need to let them go.

You just need to keep reiterating this almost like a robot and not pander to any arguments or trying to make you feel bad about this.

You've done everything you can/ need to do for this person. Don't compromise or doubt yourself.

Having worked for charities, I think ImustLearn2Cook suggestion is about all you can do with them. Have a meeting to ask which bits of the job they feel particularly good at/enjoy. Give them the responsibility which has the least scope for damage ... does he really have the disabilities that he is using to suit him?

This is what probation periods are for, to assess in a real life situation how well the person fits into the company and whether they have the necessary capabilities to fulfil the role.

Document every single thing, make sure you have mapped the expected competencies that they need to demonstrate, any areas they are not meeting, what additional support you have provided or adjustments you have made, what the outcome of any discussions has been, whether improvement has been shown or not.

If they do not meet those requirements (adjusted as per agreement and in line with reasonable adjustment requests) then you need to end the employment without signing off probation.

Sounds like this person knows exactly what they are doing. Have you googled their name to see if any past tribunals out of interest?

Capability process time - meet, discuss concerns, provide evidence of issues/,past support, ask what will help going forward, get another OH report - beforehand make sure they have bullet points of the role requirements and ask what reasonable adjustments OH recommend. Give reasonable time to improve with a PIP, if no improvement after adjustments/support /exploration of other roles then dismiss on grounds of capability.

If there are funds, could consider offering a SA but I'm guessing there isn't much spare ££?

The test is was dismissal the action of a reasonable employer and proportionate means of achieving a legitimate aim - legitimate aim is as an employer you need someone who can carry out the role. Tick everything off that demonstrates you've been reasonable, and it will be a fair dismissal.

Might take a while though!

Thank you all so much, your advice is a bit of a soothing balm after a stressful few weeks.

Did you raise at the time someone listening in on a call whilst working from home?

Surely disability or not if he can't do the job he can't do the job .

Is he autistic? I can't see how someone with a learning difficulty could do the job you described otherwise .

I would get correct legal advice then say he didn't pass the probation and let him go. He sounds like a right pain tbh

Alarm bells galore.

Dont pussyfoot around the issue that this employee has lied about their ability to do their job, and hint/threat that their contacts could make like difficult if he is removed etc.

Call his bluff and get him sacked ASAP.

Autism isn't a learning disability. 30% of Autistics have a LD but they're not synonymous

o there's no comeback within the first 2 years, right... that's good to know.

There is comeback in cases of discrimination, which it sounds like he's already angling at. You need good legal advice to make sure you get rid of him entirely by the book so he won't be able to win at a tribunal.

I would also let them go. Give them specific targets to meet with documented support to help them achieve it
Maybe crib sheets etc

I would be careful.

It's worth getting another OT report, quite apart from anything else.

You also need HR support.

How does this person's performance compare to an able-bodied person starting at the same job?

If other new starters also make the same sort of mistakes etc then he's broadly comparable to them.

If your charity is small and you rarely get new starters it may well be that some of the issues are in the fit between your organisation and him.

As you have identified there is the potential for reputational risk here and so it's not just about being fair it's also about being seen to be fair. You need specialist advice.

Thanks everyone. I've managed this role for years and no-one else has struggled to this degree (it's an entry level role so people tend to leave after 2-3 years). Their performance is bad compared to others and in fact their predecessor had a similar learning disability and was fantastic in the role.

Just had a call with HR who had spoken to them and it seems they're happy to consent to a second OH referral, don't want Access to Work but now want support for their mental health. The role is busy, dealing with large numbers of clients which we've made clear from interview stage but this seems to be making them unduly anxious.

@HelplessSoul I did ask them about their previous experience about 10 days into the role and they were shocked and apologised if they'd given the wrong impression. After that I had to challenge them that they'd upset one of our supporters and they were mortified. Since then they've said I'm affecting their mental health and being too critical.

Fuck their bullshit mental health.

What about YOURS, and the responsibilty you shoulder for your organisation?

Document EVERYTHING and get them fired.

This is the ONLY way you can overcome this incompetent employee. Dont make any allowances - match the job profile against their failures and get shot of them.