How Would You Solve This

RadicalRooster

Free Member
Aug 13, 2017
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Hi all,

First, I apologise if this sounds like a basic question with an obvious answer. I unfortunately have inheritated this situation and would like any advice or outside opinions that may be of help.

I work for a very small company, we have 9 employees in-house with a few external contractors. We have no HR manager.

We're looking to slowly hire so we can use external contractors less and bring all work in-house (mostly writing and proof reading). For us this would streamline working processes. Last year, we hired someone to replace one of the contractors. The idea being we'd use both for some time so there would be some overlap, with the expectation that the new hire would be able to take on the work quite easily for the type of role and level we were advertising for.

I didn't initiate the hire, but was involved in the interviewing and from my point of view the person we hired was not suitable for the role. However a colleague at the time disagreed and the director agreed to hire them.

Since hiring, the quality of their work has been passable, but I've still prefered using the contractors where possible. The new hire has been useful, but has not lived up to the role they were supposed to fill.

Almost 18 months later, the director has said they want to bring everything in house, but by doing so it has highlighted how the new hire cannot live up to the quality of the previous contractor.

The colleague that chose to hire this person has now left, leaving me to deal with it. The first six months of this year, I held informal meetings around their performance and that they need to improve and told them how to do so. I also kept it open and asked if there is anything I could do to help. These meetings became more and more formal with me going through individual pages they had written and highlighting errors and giving regular feedback.

It has now got to the point where my director has initiated formal proceedings. We explained the situation and said a verbal warning would be given if improvements weren't seen in a two week period. We gave them two weeks of intensive feedback daily and hired a new, freelance external proof reader to check their work to keep things fair. They too agreed the work was not good.

After two weeks we sent the external party their latest work which was met with the feedback that they hadn't improved much. My director decided to give the formal verbal warning.

The hire then asked for a meeting with the director, I was present too, where they disputed everything. They said we are asking them to improve too quickly which was unfair and they didn't agree with the external feedback as they could see the same mistakes made by our previous contractor.

Personally I am not looking for them to leave. I'd rather they improved to the level we need them to be because I have already invested a lot of time in them. It seems as though they just aren't capable of working to deadlines and don't have the skills needed to create the quality we require, which based on their previous roles, is what I thought from the interview.

I agree this has gone on too long and really I don't think they should have passed their initial probation, let alone get that far in the first place. However like I said, only now have I been really involved in the situation and so I am left clearing things up.

My director is keen to push on and issue a written warning but I don't think the situation will improve. I don't think they will all of a sudden create work at the quality we require.

In case it is worth mentioning; they are regularly late, at least a few times a month by up to an hour and have a very sour view to the company, talking about the director when they're not around and generally not being a team player.

So I am looking for any advice or outside opinion to help the situation. I would be greatful for anything as I feel it is going to be up to me to solve. Personally I believe they will need constant feedback daily for each and every piece of work they create, but due to our size and my other commitments, I cannot provide this.
 
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I wouldn't start from here.

They have not been employed for 2 years, you could have dismissed them without reason, or simply because their work was not acceptable, or because they are regularly late, or because their attitude does not fit with the company's ethos. You have chosen to go through the staged route.

You are probably best now continuing with the stages, but put 2 week deadlines on improvement. Ignore all they say about it not being fair and continue. Put everything in the next stage - all the things in my previous paragraph and sack them as quickly as possible.

I absolutely do not understand your comment
Personally I am not looking for them to leave.
What on earth makes you think they will ever be a good emplyee. Even 1 reason why you would think that, given what you have said.
 
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I wouldn't start from here.

They have not been employed for 2 years, you could have dismissed them without reason, or simply because their work was not acceptable, or because they are regularly late, or because their attitude does not fit with the company's ethos. You have chosen to go through the staged route.

You are probably best now continuing with the stages, but put 2 week deadlines on improvement. Ignore all they say about it not being fair and continue. Put everything in the next stage - all the things in my previous paragraph and sack them as quickly as possible.

I absolutely do not understand your comment

What on earth makes you think they will ever be a good emplyee. Even 1 reason why you would think that, given what you have said.

Thank you for your reply. Are you saying we could simply have fired them with out any reason at any time? I am not HR related in any way, but I didn't think you were legally able to go straight to firing someone unless they had done something grossly wrong.

With regards to my comment about not looking for them to leave, if that's the only option then so be it, but I wasn't intending on creating a thread on how to fire someone.
 
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No one can claim straight unfair dismissal unless they have been continuously employed for at least 2 years. Other ET claims are possible in the first 2 years, mainly discrimination.

I still do not understand why you want to keep this useless employee on.
 
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@RadicalRooster Neither you nor your director appear to fully understand HR matters :(

The firm seems to be expanding by increasing the workforce.

So that you can both concentrate on the work that you are good at, have you ever considered employing a virtual HR manager such as @Newchodge . Cindy gives lots of good advice on here
 
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Thank you for your replies.

@Newchodge Thank you, I was unaware of the 2 year mark. We've never had any HR issues before so a lot of this is new to me.

With regards to keeping them on, I felt it would be easier to give them enough warning so they improve level I need them to be rather than fire, re-hire and re-train. Maybe I am naive, but if I were them, I'd be embarrassed by my performance and either improve drastically or leave.

@KAC I personally don't, it's not my role, but being a small company and the most experienced, it has come down to me to sort.

I have considered virtual HR actually. I enjoy the hiring for my team as I work very closely with a lot of our employees, but issues like this I often think are best left to a professional.

Would I simply explain the situation and they would offer advice or do the paperwork etc as well?
 
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I work on various levels, depending on what is needed

  • One off reviewing and advising on your employment documentation
  • Telephone/email advice about a situation you describe, as and when it happens.
  • A regular relationship on a monthly basis covering all you need, including the above
  • Employment tribunal representation
I also offer a payroll service which includes basic telephone/email advice on basic matters.

Please feel free to drop me a PM if you would like further information.
 
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I work on various levels, depending on what is needed

  • One off reviewing and advising on your employment documentation
  • Telephone/email advice about a situation you describe, as and when it happens.
  • A regular relationship on a monthly basis covering all you need, including the above
  • Employment tribunal representation
I also offer a payroll service which includes basic telephone/email advice on basic matters.

Please feel free to drop me a PM if you would like further information.

Thank you Cyndy, DM sent.
 
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With regards to keeping them on, I felt it would be easier to give them enough warning so they improve level I need them to be rather than fire, re-hire and re-train. Maybe I am naive, but if I were them, I'd be embarrassed by my performance and either improve drastically or leave.
Except they aren't going to improve and they aren't embarrassed. Which means your choices are to live with their substandard performance or get rid of them.
 
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It makes no sense to me either to be sticking with this employee in a perpetual cycle of improvement and all the time that goes with that. It appears you are trying to turn them into the employee you wanted based on how you would react but its clear you and this employee have very different work ethics and attitudes. As long as there is not continuous employment of over 2 years then you can dismiss and in this case I would be seeking to do it quickly.
 
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