Difficult Decission

[K1 CERB]

We have a Salesman who is not meeting his own costs, let alone raising sales. He has been with us past his probation period. DurinG the annual Pay review in April I gave him a 'Verbal Warning' minuted in the review, & we are due another review of his figures soon.

He is still short of sales, so can I sack him on the spot, as he is contravening his employment contract? Or do I give him 1 months notice, as we can not afford to keep him on?
I know that employment law is a minefield & I am a 'Honest John' so want to keep it generally above board!

TIA

K1 CERB

[Smartie]

How long have you employed him for?

[GreenV8S]

K1 CERB said:

can I sack him on the spot

The disciplinary procedures defined by his contratc will determine that, and you probably shouldn't act until you're familiar with them.

[K1 CERB]

See I told you I was honest John. He has been employed for 7 months now & the disciplinary procedure (wot I wrote) states I have to give him one Verbal & two Written warnings. Thats why I was wondering if it may be possible to 'lay him off' due to cash flow problems, instead of sack him.

K1 CERB

[powelly]

Surely the best route is to follow the process... commonly understood to be known as 'manage him out of the business'. Sit down with him, set clear targets for the next 2 weeks, if he doesn't meet them, move to 2nd stage i.e. written with further targets in following 2 weeks, which if he doesn't meet, then your very sorry too say he has to go. As I understand you cannot be seen to instigate his resignation so tread carefully, but the process is there to help both parties.

If he's clever, he'll realise whats going on, appreciate his own failings and resign anyway to keep a reference.

I don't care what anyone says, managing people in this way is not nice... but, if he's not doing his job????

Edited to add there is no need to lie.... there seems to be an awaful lot of that around lately!! Your employees deserve that much respect at least even if they are not performing.

>> Edited by powelly on Friday 21st April 17:46

[Smartie]

AFAIK he no right to go to a tribunal for unfair dismissal in his first year of employment, quick call to ACAS may confirm your rights and/or likely comebacks of letting him go?

[powelly]

Not so sure the 12month rule still applies... but plenty of info here about how to go about it: www.acas.co.uk/index.aspx?articleid=1007

[jacobyte]

You can fire him on the spot within the 1st year. But if he's going to take it to court, then do it by the book, as it'll be a waste of time and expense otherwise.