Short service termination advice

[MrAB]

Hi all,

I have an underperforming sales person who has been in the business for 3 months and I need to let them go due to lack of results. The need to do this has been identified and documented in a board meeting just over a week ago.

I have scheduled their 3 month review meeting for next Tuesday and had planned on terminating their contract at the same time and then yesterday (Saturday) I got a message from them saying they are well enough to work but that they cannot come into the office because they cannot drive due to vertigo that had been diagnosed on the 29th.

So, they are still working, I have proof of their underperformance and proof of the decision to let them go prior to their diagnosis.

Am I able to continue with the dismissal (via teams)?

Thank you for reading and any comments would be most welcome!

AB.

 

[WaveJumper]

Well @Newchodge I pretty sure will give you chapter and verse on this one. If not for the scenario you painted above you current course of action would have been fine. To me it seems a little convenient they have suddenly developed vertigo, can't drive but can still work, when I had vertigo I couldn't even get out of bed, seems like they got wind of the possible outcome on next Tuesday.

You could of course just wait a week for them to be well enough to come in, just to play it safe however lets wait and see what @Newchodge recommends

 

[MrAB]

Thank you so much for your reply!

 

[fisicx]

As a responsible manager you can arrange to visit them at home. You can then run the interview.

 

[Gyumri]

I have an underperforming sales person who has been in the business for 3 months and I need to let them go due to lack of results. The need to do this has been identified and documented in a board meeting just over a week ago.

As the decision is based on their lack of performance you can quote the decision arrived at and pay them their statutory notice period or more if that's what the contract states.

Unfair Dismissal Under 2 Years: Guide for Employers - Winston Solicitors

Navigate unfair dismissal under 2 years: Understand your rights, exceptions, and legal options in the UK for early termination cases.

www.winstonsolicitors.co.uk

 

[Newchodge]

Would a taxi be out of the question?

Do you have a capability procedure? Is it contractual? Does it apply to thie employee? If you have, follow it. If not:

You need to hold a discussion with them, face to face preferably. Personally I don't advocate at home meetings if they can be avoided - the employee cannot escape if they need to - they can walk out of an office meeting, but not out of their own home, which may make their respose more aggressive than it might be in the office. Failing face to face, a teams call or even a phone call will do.

Have they seen the documents that demonstrate they are not pulling their weight? If not I would email them before the meeting.

Explain what the documents show. Explain why that is unacceptable. Give them a chance to explain, listen to what they say and then make your decision.

If the decision is to dismiss it will be on full pay for the longer of 1 week (statutory notice) or their contractual notice. They will receive all outstanding holiday pay. Explain when they will receive those things - if they are paid monthly that will ususlaly be at the end of October or whenever your next payroll run is to be. Discuss, with a date, the return of any company property. If necessary arrange for someone to visit them to collect the property, well before the final payment is due.

EDIT: Tell them they are not required to work during their notice period.

 

[MrAB]

Thank you!