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Employer trying to do things the right way

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Ok, here is a rough estimate

 

I am a manager of a Company. We run on a subscription basis, run many activities and require a driven task force.

 

I, recently (within last 2 weeks), had a meeting with a member of staff where they were invited to bring colleague/bring evidence of work etc and I issued a verbal warning to a member of management staff for failing to achieve documented tasks I'd asked him to achieve/perform.

 

Following on from this, this week was time for subscription renewals on 2 out of 5 subscriptions we work on (they resubscribe quarterly). These were specifically "his" areas. the drop off has been the biggest we've ever seen as a Company since we began 5 years ago, they were poorly managed (nearly 50% left until last minute to re-subscribe, rather than tied up weeks in advance as is the norm), and he, again hasn't achieved the other tasks he has been set.

 

Can I jump from verbal warning to dismissal on the basis that he is actually damaging the business by being there. I'd rather take on the extra work myself!

 

If I was able to arrange another meeting, can I give him a written warning for one set of poor subscriptions and porr management, whilst offering another for the second set and dismiss - or would this not be possible as they've happened in such a short period, therefore, not allowing me to go down the disciplinary route in between occurences?

 

Hope this makes sense?

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Ok, here is a rough estimate

 

I am a manager of a Company. We run on a subscription basis, run many activities and require a driven task force.

 

I, recently (within last 2 weeks), had a meeting with a member of staff where they were invited to bring colleague/bring evidence of work etc and I issued a verbal warning to a member of management staff for failing to achieve documented tasks I'd asked him to achieve/perform.

 

Was there any caveat as to what would happen in the event of subsequent misdemeanours? Was it a warning that future disciplinary action could/would be taken in the event that this act was repeated, or was it a case of any act warranting displinary action might result in [sanction]?Do you have a company disciplinary procedure which states an escalation process, eg Verbal, First Written, Final Written, Dismissal? Does it permit one or more steps of the process to be skipped depending on the degree of misconduct, and does it give examples of what may or may not constitute Gross Misconduct for example?

 

Following on from this, this week was time for subscription renewals on 2 out of 5 subscriptions we work on (they resubscribe quarterly). These were specifically "his" areas. the drop off has been the biggest we've ever seen as a Company since we began 5 years ago, they were poorly managed (nearly 50% left until last minute to re-subscribe, rather than tied up weeks in advance as is the norm), and he, again hasn't achieved the other tasks he has been set.

 

Can you clearly demonstrate that the drop in subsciptions is entirely or substantially due to the poor conduct of the employee? Can his accounts' performance be measured against those of others? Are there likely to be external factors involved which are out of the employee's control (thinking of economic circumstances for example)?

 

Can I jump from verbal warning to dismissal on the basis that he is actually damaging the business by being there. I'd rather take on the extra work myself!

 

Depends on the terms of the employee's contract/company disciplinary policy. Causing financial loss to the business may well be serious enough to warrant dismissal on the grounds of Gross Misconduct, but you would need to be certain that the employee's behaviour was the sole cause of the loss, and would need to be even handed in your approach. GM is something which the employee should reasonably know could lead to dismissal, and something which by it's nature represents a fundamental breach of the contract. If a business exists to generate sales, and an employee is paid to facilitate those sales, and fails through his actions to reasonably carry out that part of his role, thereby jeopardising the function of the business, then there is a clear argument which favours a charge of GM.

 

If I was able to arrange another meeting, can I give him a written warning for one set of poor subscriptions and porr management, whilst offering another for the second set and dismiss - or would this not be possible as they've happened in such a short period, therefore, not allowing me to go down the disciplinary route in between occurences?

 

I would say not, as that would probably be considered victimisation and an abuse of statutory procedures. In other words you are accumulating charges in order to throw several sanctions, increasingly severe in nature in order to dismiss. The procedures are designed to encourage improvement unless the matter is considered one of GM, and to not allow each part of the process to serve as a warning and an encouragement to change behaviour, then this would almost certainly be unfair.

 

You need to check for company policy and whether the single act of failing to perform core duties represents GM, and if considered appropriate can move to dismiss on that basis, or treat the continued failure to carry out instructions as requiring an escalation of the disciplinary process and move to a written warning or final written warning.

 

Remember that any action must involve investigation, written notice of a hearing (to be held without unreasonable delay but allowing time for the employee to form a defence - and an outline of the allegation and what the consequences might be if deemed appropriate), the right for the employee to be accompanied, presentation of facts at the hearing, notes taken on both sides (and agreed, signed, copied for all parties), a consideration of the meeting and written notice given of the outcome and the right to appeal.

 

You must act fairly and reasonably, but it is good to see an employer taking advice before jumping in with both feet!

 

Hope this makes sense?

 

 

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Hello there. Sidewinder has given you a good reply there. I just wanted to add that ACAS and directgov have advice and a downloadable pdf brochure on employer responsibilities, which gives you the right procedures and order to carry them out.

 

ACAS also have a helpline that anyone can ring.

 

Could the organisation be criticised for lack of training as regards this person?

 

HB


Illegitimi non carborundum

 

 

 

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Ok, here is a rough estimate

 

I am a manager of a Company. We run on a subscription basis, run many activities and require a driven task force.

 

I, recently (within last 2 weeks), had a meeting with a member of staff where they were invited to bring colleague/bring evidence of work etc and I issued a verbal warning to a member of management staff for failing to achieve documented tasks I'd asked him to achieve/perform.

 

Following on from this, this week was time for subscription renewals on 2 out of 5 subscriptions we work on (they resubscribe quarterly). These were specifically "his" areas. the drop off has been the biggest we've ever seen as a Company since we began 5 years ago, they were poorly managed (nearly 50% left until last minute to re-subscribe, rather than tied up weeks in advance as is the norm), and he, again hasn't achieved the other tasks he has been set.

 

Can I jump from verbal warning to dismissal on the basis that he is actually damaging the business by being there. I'd rather take on the extra work myself!

 

If I was able to arrange another meeting, can I give him a written warning for one set of poor subscriptions and porr management, whilst offering another for the second set and dismiss - or would this not be possible as they've happened in such a short period, therefore, not allowing me to go down the disciplinary route in between occurences?

 

Hope this makes sense?

 

Hi,

 

As stated in previous posts... you are expected to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures (2009) and your internal procedure.

 

The core principals of the ACAS code are:

  • issues should be dealt with promptly
  • you hould act consistently
  • you should carry out necessary investigation to establish the facts of the case
  • you should inform the employee of the basis of the problem and give him an opportunity to put his case in response before any decisions are made
  • you should allow your employee to be accompanied
  • you should inform your employee of his right of appeal.

You should be satisifed that the sanction you intend to impose is fair in all circumstances... you must consider the following:

  1. whether your internal disciplinary policy indicates what the likely penalty will be as a result of the particular misconduct
  2. the penalty imposed in similar cases in the past
  3. whether the standard of other employees are acceptable, making sure that your employee is not unfairly singled out
  4. your employee's disciplinary record and any mitigating circumstances which might make it appropriate to reduce the severity of the award
  5. whether the penalty is reasonable in all cisrcumstances
  6. whether any training or additional support or adjustments to work are necessary

When reviewing your decision to dismiss, you should look at whether your decision is within the band of reasonable responses which a hypothetical reasonable employer might have adopted in the circumstances.

 

At the light of your initial post's content, I would suggest that you invite the employee into a formal meeting where you could offer additional training and/or support and set up a deadline for improvement. Failing to do so, your employee would face disciplinary action and possibly could be awarded a final written warning on grounds of incompetence... but again, you would have to follow strict procedures...


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