terminating employment

[MarkP]

How can I sack an underperforming employee? I have never had to do this, but one of our waiters is just slack. He's been with us for a year. He was a hard worker initially but recently is constantly late, takes loads of sickies, etc..
Can I just get rid of him without repurcussion?

[AdminSorted]

Sounds like you have someone who is taking advantage big time...

I use Business Link's website for a lot of information, Mark. I can't put in the url here yet, cos I'm still a junior in this forum

This is a summary from their website:

# Pursue informal action - determine the facts and whether the performance can be helped by offering counselling.

# If there's no improvement, hold a disciplinary meeting. Present the reasons and give the employee a few days to shape up. Warn that failure to improve will result in a first written warning. Keep a note of the meeting and copy it to the employee.

# If there's no improvement during the allotted time, hold a second meeting, reiterate the complaints and give the employee a chance to explain. If there's no satisfactory explanation, issue a first written warning, detailing the complaint and the actions and timescales in which they can resolve the problem. Keep notes of the meeting and copies of the warning.

# After the time given has elapsed and there's still no improvement, issue a final written warning, again recording what happened at the meeting and setting targets and reasonable time for improvement. Warn that if there's no improvement, dismissal will be considered.

# If the employee still fails to improve and you are contemplating dismissal, statutory discipline and dismissal procedures will apply and these need to be followed carefully. These involve a three step process - written statement, hearing and appeal.

It's unfortunately not easy to do without repercussions.

[MarkP]

Many thanks for that, have been on and the business link website too. Will let you know my progress...

[AdminSorted]

What's happening in your troubled life, Mark?

Seriously, just wondering what progress you've made with your errant employee...

[MarkP]

Update...
Started off with an offical verbal warning, which went down like a tonne of bricks. His attitude deterioated further, but funnily enough he gave his notice to leave the week after.
I let him go on the same day!

[AdminSorted]

Well, that's good news. I trust you got a letter of resignation from him, stating that he'd resigned without duress?

I am not familiar with the labour laws here in the UK, as I'm from South Africa, but it's always a good idea to have such a letter when an employee leaves, to protect you should s/he decide to go to arbitration.

As they say in the classics, he with the most paper wins!

[Parin]

You know what, i never knew that the resignation letter apart from the obvious served another purpose!

[MarkP]

Yes got the letter, well I call it a letter but it might as well have been written on the back of a fag packet!