UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if by introducing these management tools you are going to change the cleaner's contract?
Hi Ben - I'm probably missing something but your answer appears to be a repeat of my question? In other words I can't see your reply. Hope I'm not being totally thick.
Ahaa - I see by the timing that you've repeated your last question and maybe it wasn't clear in my reply 'we don't intend to' that we don't intend to alter the cleaner's working hours or pay or anything else. We just want her to perform as a cleaner. I asked the previous warden whether she had had a contract with the church before the cleaning company took over her contract but he didn't know. I will be asking the cleaning company for a copy of their contract with her on Monday. I imagine that we would anyway have to comply with the terms of that contract. She IS currently paid a lot more than the cleaning company's other cleaners and therefore wasn't going to get a pay rise until there was parity - and she knew that to be the case. But the amount of pay doesn't bother us as much as her inadequacy as a cleaner - resulting in lots of groups who use our church hall complaining to us.
Hello, sorry I was offline by the time you replied and have only just come back online. As an employer you have the right to introduce certain performance measures and to eventually consider formal action if an employee fails to satisfy them. However, you cannot just go ahead with dismissal straight away and need to ensure that you act fairly and reasonably in the circumstances.
An employee's poor performance in their job is a potentiality fair reason for dismissal under section 98(2)(a) of the Employment Rights Act 1996, as it would amount to lack of capability.
For the purposes of an unfair dismissal, "capability" should be assessed by reference to an employee's "skill, aptitude, health or any other physical or mental quality. The capability must also relate to the work that the employee was employed to do. A dismissal may be fair even if the employee is still able to do part of their job".
In order for a dismissal for poor performance to be fair, an employee must be warned that they need to improve, be given realistic targets for improvement within a realistic timescale and be offered appropriate training and/or support during the monitoring period.
Generally, the reasonableness of such dismissals would be measured against the following criteria:
Only after you have considered the above can you eventually move towards a potential dismissal and you can really only do so if you have given the employee reasonable opportunities to improve but they have failed to do so.
I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
Thanks Ben - that's just what I needed. We don't want to dismiss her - we want her to do her job, hence the check list etc.
Very much appreciated and with kind regards
My pleasure and all the best
I'm pretty sure I did this earlier but of course I'll do it again.
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