Let the employee know that you are commencing the formal disciplinary process (or capability process if you have a separate process) and give them a copy of it for reference.
It is vitally important that the employee is informed of their rights and is allowed to bring a work colleague or trade union representative to all meetings held under the formal procedure.
At each stage of the procedure, you should write to the employee and explain that their performance is considered to be below the required standard and why. Make it clear that this letter is part of the formal disciplinary procedure (and which stage it is at) and invite the employee to attend a meeting to discuss it. The employer must also explain what the potential consequences are i.e. a formal warning or dismissal.
At any formal meeting, give the employee an opportunity to respond to the issues. You can also collaboratively explore ways to help the employee improve their performance and try to agree some targets and time scales. Keep a written record of the meeting and give a copy of this to the employee.
If, following the meeting, a formal warning is given, remember to include the fact that your employee has a right to appeal against the decision.
Unfortunately, there will be situations where the employee fails to improve their performance either enough or at all. If, at this stage, you consider the only option is dismissal, you need to invite the employee to a meeting to discuss their dismissal. Explain in writing in advance the purpose of the meeting and the possible outcome, reiterate the performance issues and remind your employee that they have a right to bring someone to the meeting with them.
Ideally, the decision to dismiss an employee will be given face to face with reasons identified and explained. Following this, the employee should be given a copy of the decision and reasons for it in writing, along with notifying the employee of their right of appeal.
Don’t forget to state whether the employee is being dismissed on notice or with payment in lieu of notice.
