How can I legally (uk law) sack an employee who has the wrong attitude and is too slow at her job?

Question

The problem is she always has an answer for any criticism and there is not one specific incident to pick her up on. She is just impossible to work with as she needs constant chasing up. It is difficult as it is a very close knit company.

Answer 1

I think you need to devise a training programme for her.
You should show her the points and set realistic goals - then expain when goals are not met and give her a chance to improve.
This should be properly documented and put in her personnel file.
If targets are not met, you could consider a scale of warnings starting with a verbal warning that she is not meeting targets and risks diciplinary action.
You would do yourself a favour if you had similar schemes for all employees otherwise you risk 'victimisation' claims.
You need to be clear about the diciplinary procedure and you will need witnesses when you progress to formal written warnings. You must treat everybody the same. If she can show that a male colleague has not been diciplined for a similar offence you could face charges of sex discimination (however nonsensical that may be..that's the law!)
If there is no improvement after the third written warning, you can finally dismiss her. You may find that once the diciplinary action becomes formal, she may start looking for another job...
Be very careful although technically you can dismiss within 2 years, you should ensure that you do the following:
Be fair, give her a chance to show she can meet the realistic targets.
Be even handed, treat everyone who works for you the same
Be clear about the training and what will happen if targets are not met.
This should keep you out of trouble and ensure you have good mechanisms for the future.
Hope this helps

Answer 2

If you dont have a union at the workplace a lot easier. first, take he in the off ice and tell her that she is not pulling her weight, dont allow her the time to try and justify, make it clear that if there is no improvement then you will progress this to a written warning, tell her she can take this as a verbal warning and will be going on her file. give her a time scale when you want to see a marked improvement, if there is no improvement tske her again and tell her that you have seen none and that you will be giving her a written warning, again giving her a timescale. if still no improvement, you can have her in, tell her she has made no effort and there are no signs of her performance getting better and that you no option but to terminate her employment. YOU are the boss, do not give her the opportunity to BS you with excuses why things wernt done. make sure when you do sack her you have a panel including you and the hr manager. Good luck

Answer 3

First talk to her and tell her she is not doing her job properly and suggest ways that she could improve. Then, given reasonable time to improve. If she does not improve you must give a verbal warning of the fact and indicate that no further change will result in her dismissal. She can at this time have a friend or college in as a witness to this proceeding if she wishes and this must be offered to her. Set a time limit for the improvement and stick to it. If still no better you then give a full written warning with a copy for you and she must sign that she has received it.
Set out the terms and that if no improvement then she will be dismissed at the given deadline. End.
You could just trying to tell that she is no longer needed, give her a months notice a months salary time off for interviews and see what transpires. Best of luck.

Answer 4

You need to start documenting the times when she has not gotten something done on time. Give her specific deadlines in order to have something to document. And when she answers back, offer to put the entire incident in writing in her file; your version and hers together. I'm betting that will shut her up.

If you need to remind her to do things, she is not doing her job. Make the point very specific every time she is unsatisfactory. Explain exactly why. Then go back to your office and write it up, whether or not she accepts your offer to write it up for her file. Keep this writing separate from her file (a "potential problem" file will do) until such time as you have a formal disciplinary discussion with her and present her with the report you have written, saying "I had hoped it would not be necessary to go this far. But you just do not seem to be measuring up to this job." Give her an opportunity to write her response to the whole thing, and put it in the file.

A person who is simply a bad fit for a job is the worst sort to fire, because they will think that's the best job they ever had, or find out later it is when being fired from your place makes them unemployable. Usually the problem is a personality thing that was not evident in the interview, but which has kept them marginal in the job market so far. So they will fight. They will go to the authorities and shout "unfair." Everything needs to be documented so that when that happens, you can win.

Remember, the problem is not her complaining to the authorities, the problem is her WINNING in such a complaint. If you can defend yourself, you will win a reputation as tough but fair. And that's the reputation you want.

Answer 5

You are the ermployer and you decide whether the incident is worthy of criticism.
The usual steps are:
1. A verbal warning of the consequences that will follow if her attitude and performance do not improve to YOUR satisfaction.
If no improvement to your satisfaction
2. A further verbal warning delivered in front of a witness of her choice repeating again the possible consequences.
If no improvement to your satisfaction
3. A written warning giving a time limit in which she must rectify her behaviour.
If no improvement to your satisfaction
4. Dismissal

Answer 6

I had a similar thing with one of my employees. Nothing specific, he just wasn't right for the job. I'd recommend joining the Federation of Small Business. Amongst other perks, you get free legal advice and documents covering all aspect of business law including employment law.

Basically, if your employee is still within her trial period, you can terminate her employment during or at the end of that purely on the basis that she is not suited to the postion (you'll need to list your reasons why). The FSB told me, off the record, that if an employee has been with you for less than 12 months, you can end their employment at any time without risk of tribunal. They need to be employed for at least a year before they're able to take it to tribunal.

I gave my lad one verbal warning, one written warning then notice of immediate termination, with a cheque for the money he was owed. The thing to remember with anything like that is to take plenty of detailed notes about what has been said and make a paper trail in case you need to refer back.

Answer 7

You can give her first a verbal warning which is followed up with a letter confirming what you both discussed and agreed on... Then if that does not work you can give her a written warning, which counts then as a 2nd warning... Then there is the final written warning which is the 3rd warning you can sack her then!!! Surely this person was employed on a trial period!!! Did you not pick up anything then!

Answer 8

You'll have to give her two verbal warnings, then a written warning for her attitude. I don't think you can just sack her right away. You can give warnings for her general attitude (especially if she's in a customer service role). Two verbals + a written = FIRED!

Answer 9

Keep a note of everything she is doing wrong, dates and details and as everyone else says - give her sufficient warnings then sack her if her attitude doesn't improve.

Answer 10

She can be given notice stating that she is too slow and needs constant supervision which is inconvenient to the management and hence she is being dismissed. There must be a clause in her appointment letter regarding the notice period. You can terminate her legally.