Dismissal within first few months

[dotty.]

If I want to get rid of a member of staff that only started 2 months ago because they are not good at their job and they keep making serious errors, how easy is it to do?

[mccfluff]

are they on a probationary period?

have you addressed you concerns with them, given them an opportunity/training to improve?

[chris1957au]

during the last two month has this menber of staff been coached on their short commings? has this been documented? if so it should be quite easy if not you may leave yourself open.

[factor-fiction]

You can just dismiss them for these reasons but must of course give them the required paid notice- probably a week.

[magsmay]

Surely it depends on the Terms of their Contract? -it should be set out in this what is expected of them and what will happen if they are 'made redundant' or sacked. Usually you have to give them at least one Verbal and Written warning. Are they are trainees? Are you expecting more from them than their experience or training? Have they an attitude problem? Its easy enough to do if you follow the rules and don't give them grounds for unfair dismisssal.

[factor-fiction]

Hi chris- regarding "you may leave yourself open"- open to what?

Given the cost and hassle though of recruiting I'd always consider whether I could get sufficient improvement by coaching. Getting rid after 2 months suggests either the recruitment wasn't done properly or the training wasn't adequate

[dotty.]

sod it, I thought I could just pay them twice their annual salary and tell them to feck off..............

[chris1957au]

an appeal maybe

[ummmm]

I thought you could sack someone regardless of the reason within the first year?

[factor-fiction]

Sorry but whilst it may be goof practice to go through a process of warnings there is no need in law for new employees- you can dismiss within the first 13 months for almost any reason (exceptions being because of trade union membership, race or gender. You just need to give the contractual notice and allow for holidays due

[Mamyalynne]

I think Dotty has her tongue just to the right of her gums :-)

[dotty.]

this is CB mamya..........:)

[AlwaysConfused]

If they keep making errors, have they received sufficient training? Have they signed to say they have received sufficient training in order to do their job? Personally, I would retrain the colleague, and explain clearly that further errors will lead to disciplinary action which could result in them losing their job. I would document the conversation for their file a back up, including a signature from the worker that they have received retraining

[Mamyalynne]

Yes it is, think I am getting the hang of this now lol

[magsmay]

Mmmm think I've been wasting my typing time on a silly joke

[factor-fiction]

lol- dotty is referring to George Entwistle

[dotty.]

silly? one rule for the high street store worker, one rule for the BBC? mmmm above the law apparently

[Prudie]

I think you could get away with one year's salary, a glowing leaving letter + a massive pension pot as long as you work for the BBc.

[andrew1707]

Is it perhaps the case that this member of staff has only been in their current post for two months but has been with the company for much longer ( 23 years).

[factor-fiction]

He wasn't sacked though dotty. And he was entitled to six month's pay under his contract- and they need him to take part in some enquiries. It was a negotiated arrangement that is in both parties' interests. Sacking him would have caused questions to be asked about who should be sacked for recruiting him and an admission of failure in the ability of someone to supervise him adequately.
Still, it seems he did pretty well out of it to me

[magsmay]

dotty - if the high street workers Contract contained a clause that they would receive a proportion of their annual salary if they resigned or got sacked then the rule would apply. It was in his contract that he would get half a years Salary if he resigned or got sacked -the BBC decided to double that - The BBC have every right to dictate what give whatever perks they want to give to their employees just as the high street shop owner has.