Employment Law in Practice
Poorly performing employees can badly affect a business and have an influence on the morale of other employees. Similarly, issues with sickness absence, persistent lateness, internet abuse and other behaviour can affect your business. Most employers have to deal with some of these issues at some stage, whether or not with advice from employment solicitors, depending on the severity of the issue and the possible consequences. As an employer, you need to have a clear plan as to how to tackle the problem. There are general steps that apply to all procedures and specific and different issues that apply depending on whether the concern relates to conduct or capability.
General Steps
When you first become dissatisfied with an employee, tell the employee in writing.
Meet with the employee to discuss the issues that you have raised and act constructively.
Consider whether the matter can be dealt with informally. If it is for capability, you can provide an action plan of supervision or training, but do set objectives, time limits and review meetings.
If the matter has to be dealt with formally, then follow the procedure of first written warning and final written warning informing them of their right to appeal. You should have carried out an investigation when the issue first came to your attention. The letter should contain the allegations or nature of the complaint in detail, the evidence relied upon and the improvement/change required, with the likely consequences of failure to comply. If there are grounds to dismiss summarily, such as for gross misconduct, then the employee should be informed of this.
At each stage you should arrange a meeting with the employee to discuss the issues and allow them to present their case. Please do not indicate that the decision has already been made. The employer should make a note of the meeting and this can be shared with the employee so both agree that it reflects the meeting. The employee should be allowed to present their case and their comments should be taken into account when reaching a decision. If new issues occur during the meeting, it may be useful to adjourn the meeting to a later date so that you can investigate them.