Originally written by Sue Morrison on Small Business
There is a general perception among business owners, especially SMEs, that terminating the employment of a problematic employee – especially if that employee has a protected characteristic such as their race, sexual orientation, religious beliefs or a disability could cost them dearly.
Many SMEs simply decide to do nothing as employee dismissal is too high risk.
However, it doesn’t have to be that way. Being a smaller company on tighter budgets without an in-house lawyer or HR professional shouldn’t be a barrier to dealing with a situation that can negatively impact your whole workforce.
So, what’s the best way to handle an under-performing, problematic employee, while being entirely mindful of any potential legal challenges?
When length of service doesn’t matter
Consider the scenario – you have a member of staff off on long term sick or they are unreliable in terms of attendance – intermittently but persistently signing themselves off for short durations at a time. They have worked with you for less than two years – and so can’t claim unfair employee dismissal – and you want to dismiss them because you don’t have endless resources to cover the gaps they create. It seems pretty cut and

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