THE NON PERFORMING EMPLOYEE

A Hand Morgan & Owen Factsheet

Most businesses are reliant on the effectiveness of their staff and a non-performing employee can have a significant impact on customers and other personnel.

Before action is taken it is important to understand why the employee may not be performing properly and ensure that any disciplinary action is conducted properly.

In recent years the law has become increasingly geared towards protecting employees and even temporary members of staff have wide ranging rights from the moment they enter your workplace.

To avoid claims of unfair dismissal and the possibility of a tribunal being brought against you, it is important to take legal advice so that your actions comply with the law.

Reasons why an employee may not be performing effectively:

• Lack of work
• Lack of motivation – ‘laziness’
• Lack of skills to perform the job role
• Inadequate supervision and guidance
• Problems outside work which are distracting them

If there is a genuine lack of work, the employer may be able to terminate the person’s employment by making them redundant.  If this is the case you should talk to your Hand Morgan and Owen solicitor to confirm that the law recognises that redundancy applies to your circumstance.

Where the job role is important, but the employee is not fulfilling it effectively, this is a different matter and the following actions should be taken:

• Refer to your disciplinary procedure or, if you do not have one, the ACAS Advisory Handbook on Discipline at Work.
• Follow a formal Statutory Dismissal and Disciplinary Procedure
• Ensure the dismissal complies with 1of 6 permitted reasons (for more information please ask your Hand Morgan and Owen Solicitor)
• Ensure the employee is given their appropriate contractual notice, or payment in lieu of notice.

In most cases tribunals can be avoided as long as the procedures are followed.  In fact, a formal procedure can often result in a positive outcome for both parties.

It is quite common for employees to improve their effectiveness significantly after the first stage of disciplinary action and go on to be retained as valued members of staff 

For more information please contact us at Stafford on 01785 211411, or at Rugeley on 01889 583871. 

Published on web site - January 2007

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.