How to dismiss an under-performing concierge

Circumstances will inevitably vary from case to case. However, in all cases the first question to ask is likely to be, does the individual have requisite service to bring a claim of unfair dismissal?

If not, and assuming there is no obvious risk of discrimination or other exception to the qualifying service requirement, dismissal is entirely possible and may carry limited risk (although it would ordinarily be sensible to implement at least a modest process to record the reason for dismissal, to rebut any alternative suggestion at a later stage).

However, if the answer is yes, the law requires somewhat more if a fair dismissal is ultimately to be achieved. That somewhat more will ordinarily require a process involving warnings and the identification of performance benchmarks. The most important point being to clearly identify the performance level which is expected and to be able to objectively show that it is not being met.

Process

In the first instance, performance issues should normally be dealt with informally between the employee and their line manager. A formal procedure should be used for more serious (or repeated) cases. As a guide, the following general process would be common:

Write to the employee and invite them to a disciplinary/performance hearing – (ensure compliance with ACAS Code including identifying the reason for the meeting and any timescales with reasonable review date. Also clarifying the consequences of no-improvement reminding the employee of their right to be accompanied by a fellow employee or trade union representative).

During the meeting, identify and discuss the alleged performance failings, set your reasonable expectations, establish the likely causes, identify any barriers and solutions and agree targets for improvement.

If performance is still unsatisfactory after the review date, repeat the process as necessary (imposing performance warnings as appropriate and again complying at all time with ACAS Code). Ordinarily in performance cases a verbal, written and final written warning would be expected prior to dismissal.

Remind the employee of the right to appeal at each stage of the process.

Do’s and Don’ts

Do:

Have a policy in place dealing with performance improvement;

Measure performance individually based on job description, defined goals and objectives;

Clearly identify the specific performance deficiencies to the employee;

Establish clear performance expectations and goals;

Identify the specific steps to be taken to improve performance;

Offer the necessary training to improve performance;

Provide assistance and constructive feedback during the improvement process with regular catch-ups;

Provide a final warning of the consequences if there is no improvement in performance;

Ensure consistency to avoid claims of unequal treatment.

Don’t:

Jump the gun and dismiss without careful thought;

Prejudice the outcome of performance management (a tribunal will want to see that you tried to secure improvement before dismissing);

Consider the process as the perfect opportunity to criticise the employee for underperforming;

Set unreasonable targets;

Set unreasonable review periods.