Dismissal

Jayn Bond - Workplace Law Network
Online advisor - 90 posts

Hi Mike
You are quite right to be cautious about dismissing an employee who has worked for you over 11 years . The law requires that you act as a reasonable employer and consider all other alternatives before dismissing. In terms of process, if you have so far issued an informal warning and a written warning, then your next step is a final written warning - not dismissal. A tribunal would also look at the requirement of a 100% attendance record and consider 'is this a reasonable objective to set an employee?'. A tribunal is likely to feel that everyone may incur an absence ever so often and placing the stress of 100% attendance on an employee could be considered unreasonable. If the employee has been struggling over the past 12 months then it is really important that you explore the reasons for such a recent bad record. Has he an underlying medical problem? If so then you need to agree with him that you will write to his GP- with his written consent. Can he explain why he is off? Is he bored? Are there problems at home? Can he suggest any ways he can improve? Is there anything you as employers can do to help him improve? In all circumstances seeking medical advice is a good idea as it defines if there is or is not a medical problem. It also shows the extent that you tried to help. If you decide that you will now issue a final written warning - set a more reasonable objective like improving his attendance record by at least 50% over the next 3 months with a review at that point. If he meets that objective, then you can set another standard to meet. It is also vital that at this point it is made very clear to the employee that his job is now at risk and that the next step will be dismissal if there is not a significant and sustained improvement.
Hope this helps.

sheena farenden
Member - 81 posts

Most importantly does this employee have any ill health that could be considered under DDA beware.