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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49857
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a manager responsible small team of people, over

Customer Question

I am a manager responsible for a small team of people, over the last 6 months i have had issues with one of them.The person has not performed and has become a liability to the company costing the business money.I have had numerous complaints about this person from team members and outside suppliers about not only his performance but his attitude and how he conducts himself.I have a folder full of evidence to show his quality of work and the mistakes he has made plus emails of aggressive correspondence.On top of this he has been taking time off work without authorisation.I have complained to HR and we were due to have a meeting firstly with regards ***** ***** and then we were going down the route of personal performance.He has now put a formal grievance in to HR against me which has now delayed the two procedures against him.He is such a liability to the company that i am unable to give him any work to do and i am struggling to keep him busy,every task i give him he never completes and keeps throwing it back to me.Although i have the support of my direct report and other directors in the business i feel instead of being able to remove him from the business he has now turned the tables around to me.I have a very good reputation and well respected with all my other team members, i feel there must be something else we can do if you have any advise would be most graefull
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you tell me how long he has been employed by your company and have you had regular one to one performance meetings with him.

JACUSTOMER-dz59u2pl- :

Hi Ben,

JACUSTOMER-dz59u2pl- :

he has been with the company for a year and unfortunately no i have not done regular performance reviews, i have on may occasions had one to one meetings asking him how he was doing and did he need any help in order to fulfil the roles requirements.He is going through a personal problem at the moment and i have been more than supportive in giving him paid leave and full support.The individual i am dealing with is never holds his hands up to mistakes and blames his team members and myself for all his mistakes.All levels of the business including director's complain and want him out of the business and i just wanted to inform you this is most certainly has not been a personal issue until now i feel he is attacking me when all i was doing what was best for the company.I have a glowing relationship with all other members of my team and within the business.

Ben Jones : You can actually remove this person from this employment quite easily. If he has been continuously employed at his place of work for less than 2 years then his employment rights will be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.
Ben Jones : So ensure he is given the contractual notice period due and if his contact contains any specific disciplinary procedure these should be followed before dismissal is finalised.
Ben Jones : hope this clarifies your position?
Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you