Hi all,
First time that I need to do this, can anyone give generic advice as to how to approach this in the most delicate ways?
Well within probation but just really not working out.
Many thanks in advance.
Hi all,
First time that I need to do this, can anyone give generic advice as to how to approach this in the most delicate ways?
Well within probation but just really not working out.
Many thanks in advance.
What if the individual does potentially a protected characteristic?
Disability - ADHD?
This wasn't formally disclosed but we aware.
They are still on probation.
This is different to the other situation I posted about earlier.
Many Thanks!
You need to be able to demonstrate what the real reasons for the dismissal were. If you don't give someone real reasons with practical examples, it leaves it open to them to speculate whether it was because of a protected characteristic, so that's another reason for not shying away from spelling things out very clearly.
Of course, you can give the real reasons with factual examples and the employee might not believe you and might still attribute their dismissal to discrimination. If someone is determined to do this, they will. But if they then bring a claim and you are able to muster the evidence of the issues with their performance such as the failure to follow safeguarding procedures (as was one of the problems in this case) then you have a chance for the employee to get a different perspective via Acas. If there is still no getting through to them then a tribunal will not usually go hunting around for a different motivation for the dismissal if there is an actual reason which is well supported by evidence that pre-dates the decision to dismiss rather than being cobbled together after it as a justification.
Also, it is not enough for the person just to bring out their protected characteristic like dealing an ace from a pack of cards. They have to trace a line from your knowledge of their characteristic to your behaviour.
You need to be able to demonstrate what the real reasons for the dismissal were. If you don't give someone real reasons with practical examples, it leaves it open to them to speculate whether it was because of a protected characteristic, so that's another reason for not shying away from spelling things out very clearly.
Of course, you can give the real reasons with factual examples and the employee might not believe you and might still attribute their dismissal to discrimination. If someone is determined to do this, they will. But if they then bring a claim and you are able to muster the evidence of the issues with their performance such as the failure to follow safeguarding procedures (as was one of the problems in this case) then you have a chance for the employee to get a different perspective via Acas. If there is still no getting through to them then a tribunal will not usually go hunting around for a different motivation for the dismissal if there is an actual reason which is well supported by evidence that pre-dates the decision to dismiss rather than being cobbled together after it as a justification.
Also, it is not enough for the person just to bring out their protected characteristic like dealing an ace from a pack of cards. They have to trace a line from your knowledge of their characteristic to your behaviour.
If the behaviour could be a consequence of a disability, and it really sounds as if it could be, I would not make a move without an OH report. If it turns out that the behaviour is caused by ADHD, and if the behaviour is not safe around machinery and forklifts, then as well as asking for recommendations on adjustments which you will then weigh up to see if they are reasonable, I'd want to know if there was anything else that could help the person without causing another risk (e.g. drowsiness caused by drug therapy when operating heavy machinery). Ultimately, it can never be a reasonable adjustment to tolerate risky behaviour. You have to address this, and it can't be allowed to continue, but you need OH in order to know whether you are on a conduct or capability track. Either track has two possible outcomes: performance improves or it doesn't and employment terminates, but how you get there is crucial.
