The line between unfair & fair dismissal.

[Bugz]

Say the employer believes person A is 'not able to do his job correctly,' but due to the fact he keeps no individual records his performance, he can't particularly prove this.

Surely that employer is then stuck because he wants to get rid of this chap to raise efficiency etc. but doing so may cause him to be unfairly dismissed.

Am I missing something here? I know you have trial periods for this particular reason but what happens when that trial period finishes and you find the guy you've employed is not very good?

 

[Scouse]

If they're on a trial period and that comes to an end then AFAIK they don't have to continue to employ them?

 

[ST^]

At the very least, you'll need to give him a warning about his performance and then see if it makes a difference or not.

 

[Gumbo]

No such thing as a trial period in Employment law, however there is also no such thing as unfair dismissal within the first year of employment either. However you have to be bloody careful that you're not going to be nabbed for any form of discrimination. So if your employee is black, female, homosexual, or limps a bit, you could be in trouble.

 

[Ch3tan]

No such thing as a trial period in Employment law, however there is also no such thing as unfair dismissal within the first year of employment either. However you have to be bloody careful that you're not going to be nabbed for any form of discrimination. So if your employee is black, female, homosexual, or limps a bit, you could be in trouble.

This, there is no such thing as a trial, but there is such a thing as a temporary or short term contract. Especially in retail people are employed to cover seasonal peaks on 3 month contracts.

 

[Scouse]

Well, if it's a 3 month contract, then........

 

[Raven]

If you really want to get rid of him just put stock in his bag and tell the boss. Problem solved.

 

[Chilly]

If someone isnt doing their job, then theres no problem sacking them. Manager expect x work per day, employee generates x/2 = boot the ****.

 

[Zenith.UK]

Sounds to me like the manager needs to actually start doing his job and manage his staff.
That means instigating KPIs to measure productivity/output and maintaining a verifiable audit trail so he can sit the substandard employee down and tell him straight where he's failing.

The easiest one is punctuality.
It's usually written into contracts about arriving at work on time and when you can take your breaks. If there's a clocking system or tracked login time, you've got something you can measure. If employee has breached the letter of his contract by as much as 1 minute on multiple occasions, hit him with the disciplinary procedure.

 

[Scouse]

Thing is there Zen, if the working conditions are as you describe anyone good will already have quit for a less Nazi company, whilst the shit ones will stay 'cause they can't get a better job