Dismissal

Dismissals on performance grounds

Sometimes an employee's performance at work may be below the standard expected.

You should follow these procedures to ensure dismissals aren't unfair:

• Pursue informal action - determine the facts and whether the performance can be helped, eg by offering counselling etc.
• If there's no improvement, pursue formal action - hold a disciplinary meeting. Present the reasons and the nature of the caution and offer an allotted time for the employee to improve. Warn that failure to improve will result in a first written warning. Keep a note of the meeting and copy it to the employee.
• If there's no improvement during the allotted time, hold a second meeting, reiterate the complaints and give the employee a chance to explain. If there's no satisfactory explanation, issue a first written warning, detailing the complaint and the actions and timescales in which they can resolve the problem. Keep notes of the meeting and copies of the warning.
• After the time given has elapsed and there's still no improvement, issue a final written warning, again recording what happened at the meeting and setting targets and reasonable time for improvement. Warn that if there's no improvement, dismissal will be considered.
• If the employee still fails to improve and you are contemplating dismissal, new statutory discipline and dismissal procedures will apply and these need to be followed carefully. These involve a three step process - written statement, hearing and appeal. Download full details on discipline and grievance statutory procedures from the Acas website (PDF).
• You will need to decide whether to give the employee a further chance to improve, or whether dismissal is now appropriate in the circumstances. You will need to inform the employee of your decision, complying with the statutory rules and procedures, and notify them of their right to appeal.
• Throughout the disciplinary process, employees have the right to be accompanied to all disciplinary meetings and to appeal to a manager not involved in the disciplinary decision.

Employees may be fully capable, but unwilling or reluctant to carry out their job properly. Deal with this as misconduct under the disciplinary procedure. See our guide on handling discipline and grievance issues.

Subjects covered in this guide

• Introduction
• Types of dismissal and qualifying periods for tribunal claims
• Dismissing fairly
• Unfair reasons for dismissal
• Avoiding unfair dismissal and the consequences of getting it wrong
• Dismissals on performance grounds
• Dismissals on capability grounds
• Dismissals relating to industrial action
• Notice periods
• Final payments and other matters

 

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