TSE Employment Law Case Study – I’ve told her time and time again!

Employer: I have an employee who is failing to meet her sales target. I’ve told her that she needs to improve and that her sales are just not good enough, but she does not seem to listen. What can I do?

We checked with our client whether or not this employee had the potential to improve, if for example, she was given some extra training. Other factors we considered was her length of service; did she have less than 12 months service / was she still in her probationary period? The answers to these questions determined whether the client went down a formal capability process or not. Either way, the situation needed to be handled appropriately to ensure protection against any potential Employment Tribunal claim.

In this case, we talked our client through the options including the pros and cons of investing further time and effort into this employee. Ultimately, our client decided that the employee’s continued employment with the business was not going to work as she had failed to demonstrate the necessary skills needed for the role. We therefore advised our client on how to exit the employee from the business in a fair and swift manner.