Is it appropriate for an employer to use its disciplinary procedure to address an employee’s poor performance?
Which procedure to implement – disciplinary or capability – is not always obvious. One of the top FAQs for the month of May looks at how to decide which procedure to use. In all cases, the key is to investigate the circumstances and to follow the principles of the Acas code of practice.
Also on the theme of disciplinary procedures, another question deals with the situation where an employee resigns before a disciplinary process has been concluded – is it worth continuing the process?
While there are calculators available to help with working out how much statutory redundancy pay an employee is entitled to, HR should understand the principles behind the calculations, to be able to identify any mistakes.
A potential source of confusion is that, when calculating how many years of continuous service the employee has, you have to count back from the dismissal, not forward from the start of employment. The calculation is explained in one of the FAQs in the top ten.
Other featured questions on Brightmine, formerly XpertHR, look at aspects of the redundancy consultation process, employers of record and ill-health dismissals.
The top 10 HR questions in May 2024:
1. When can an employer dismiss an employee on the grounds of ill health?
2. How is statutory redundancy pay calculated?
4. What should the employer and employee discuss at an individual redundancy consultation meeting?
6. When should the employer begin collective redundancy consultation with employees?
7. What is an employer of record?
9. Are there any restrictions on the employment of young people?
10. What is ordinary parental leave and who is entitled to it?
