I think you already know here that yes there are some serious procedures to follow and potential significant legal implications, otherwise you would not have posted your concerns.
Fundamentally, though, the key issue is that yes an employee underperforming to this extent should not be working for you and should not be surprised if you elect to dismiss them.
For that dismissal to be lawful, however, you need to be able to prove that evey effort has been made to train and develop them, that there is a clear and unambiguous specification of the work they are supposed to do, the volume of that work they are expected to acheive and the standards they are expected to attain and that they have failed to acheive these.
Further you need to be able to prove that you have followed either your own set procedures for dealing with the situation or met the requirements of any statutory procedures, for example the statutory dispute resolution procedures.
If all of that is in place there is no reason why the dismissal could be successfully challenged at a tribunal, though the employee will have the right to attempt such a challenge and you need to be able to defend the company position.
Posted: Fri Jul 13, 2007 9:41 am Post subject: Employee Termination
As you said you tried your best to improve their self and gave them chance that is good employer sign. You should keep one thing in mind when you sack any of your employees and when they go out to search another job they are your brand ambassador they will represent your company there good or may blame on you, however it won't affect your company too much.
It’s better to resolve this type of queries on mutual way. You should issue a notice to them via email and/or recorded post why you should not sack them even though you gave them chance to improve their self. You write to the employee setting out the reasons for dismissal and give the employee the right of appeal.
Once you issued this notice they will understand you are going to sack them so they will come to negotiate and defend their self at that time listen them properly, try to understand and if you feel it’s not worth full to keep them and then ask them to resign and leave the company. If they do this way its beneficial both of you.
As Ian mentioned earlier you should follow your contract & HRM related company policies.
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