Allow the employee every opportunity to explain their underperformance. Establish whether there are any underlying reasons for the poor performance, such as disability, health, or personal problems outside of work. If necessary, provide the employee with additional support, supervision and training.

Let the employee know exactly what they need to do to improve their performance. Put targets in writing and include a timescale of how long they have to improve. Ensure that you continue to monitor their performance and meet with the employee frequently and note their progress.

When performance problems persist or escalate these should then be dealt with on a formal basis. Ensure you follow a fair procedure, as defined in your company capability procedure.

It may be reasonable to dismiss an employee who is not meeting your required standards as long as you have followed a fair and legal procedure.

Remember, an employee with more than two years’ service who is dismissed on grounds of incapability may bring an unfair dismissal claim.

Solution

If you would like to develop a capability policy, or have an employee who is underperforming, call us for a free initial consultation for specific guidance tailored to your individual case. 

If you do not have a clear social media policy in place, you need to remember that an employee cannot be dismissed or even disciplined regarding their social media activities. If you end up at a tribunal, they would find the employees dismissal to be unfair.

The reason for this is an employee can only be dismissed or disciplined for misconduct if they knew that the particular action or behaviour would be unacceptable to the practice. If they didn’t, they cannot be accused of any wrongdoing.

You should be clear throughout a social media policy about the distinction between business and private use of social media. Remember your employees are representing you at all times even outside of normal working hours, and what is written on a social networking site can reflect on you.

Solution

We can assist you in the drafting and implementation of bespoke social media policies, tailored to suit your company. We can also provide advice and support when dealing with misconduct issues arising employees’ use of social media, whether within the workplace or outside working hours.  

When clients come to us for advice on any given matter, one of the very first things we ask to see is the written documentation which sets out their terms and conditions of employment.