So, you have an employee that has been allowed to seriously underperform for a significant period of time. They are costing your business money. The reasons for the poor management have been addressed.

How would you deal with them without falling foul of employment law.

Manage them out of the business is the usual phrase used

Basically measure them at regular intervals against agreed, reasonable performance targets
Follow the disciplinary procedure for under performance until it’s exhausted

What uplink said except with the addition of the consideration that if they are now being managed properly, their performance may improve to the point that you don’t need to get rid.

Jambo don’t you guys have lawyers?

If they are still under-performing then I would suggest the poor management hasn’t been addressed. If you want rid anyway then uplink has it but it’ll take months. If you want a quicker solution then you could offer a compromise agreement.

Start afresh with them is the only real option; a one-to-one where you talk about the past, the present and their future.

Jambo don’t you guys have lawyers?

Not my business. Advice from employment lawyers to the business in question is suggesting that if they ask the person concerned to do the job they are being paid to, then they risk constructive dismissal case which they can’t afford.

I find that hard to believe, hence the question.

Must be more to it than that?

wot Al says.

Lots depend on the circumstances but the basics are as above. Meet with the person. State issues, ask if they need training or whatever establish if there are reasons for underperformance, set reasonable targets

Review meeting, targets not met, Warning, reset targets,

review – targets not met, final warning, reset targets,

review targets not met, sacked.

You need to be fair and reasonable and to take all necessary steps to help the employee with the underperformance =- training if required that sort of thing.

you also need professional advice

see acas use company procedures – youprobably need to offer training and reasonable targets compared to other or measurable outputs that should be met with support three stage warning via support
see ACAS site good on disciplinaries. Follow the rules take 3 mths ish – they may lenghten by going off with stress though so you need to support them with that
You could see what they will take to do one or reorganise and make their position redundant but that is quite dodgy but ,if done correctly, you can get away with it.
As a Union rep I feel dirty telling you 😳

I should add, the preference would be to get this person doing their job. No-one wants to sack anyone, they equally don’t want to get screwed over.

In that case sit him down with his boss and write a new, up-to-date job description. That should give him and idea of what is expected and his boss an idea of the employees understanding. It should give them both a position to start from. To be honest the boss should have already done this if there have been some changes.

I’ll prepare for the stoning now but…

I’d just sack him and wear the consequences. My experience of ‘performance management’ and subsequent personal grievances has been that no matter how well you follow the book you will be wrong and get nailed anyway. So now i cut to the chase and get rid and negotiate a nice goodbye with an appropriate legal letter they sign. Maybe i’m a sh1t manager (my staff say not – i just asked them as they are all tied up out the back) but I also run businesses and have to be realistic. Thats experience in Big5 firms and my own btw and also my opinion only. Sorry to all you hand wringers that now want me stoned for my uncaring attitude, however if you work in a small business and fanny around then i think you have some personal responsibility.