In a radical departure from accepted wisdom and practice, the EAT has held that employees...
Conduct and Capability
Occasionally an employee is recruited who simply does not have the capability to carry out the role, or they have perhaps been promoted above their natural abilities.
In these circumstances an employer is expected to act reasonably and provide support and reasonable training to try and get them to the required levels. We are able to assist you with this process. Provided a reasonable process is followed and reasonable standards expected, but the employee is unable to achieve these standards and is warned and then dismissed, then an employment tribunal will not interfere with this decision.
There might also be employees who know what to do; they are just choosing not to do it. This too can be addressed by an employer but without the need to offer training as this is not going to help the employee who already knows what is required. Instead the employee will be told what is expected of him and a failure to achieve this will result in warnings and dismissal.
Whilst most employees understand their obligations to co-operate and obey lawful instructions, sometimes an employee can become quite difficult to manage. When difficulties arise a business often needs an objective view, guidance on grievance and disciplinary procedures, potential discrimination claims and the options available. Sometimes more difficult conversations are needed and advice on settlement agreements can be vital to help bring to an end an employment contract in a professional and sensitive way but ensuring that the interests of the business are protected at all times.
For more information please call us on 01235 841506