Navigating Employee Dismissal for Poor Performance During COVID-19: Is It Fair or Ethical?

Dear all,

An employee has not performed well in the last year. His line manager wants him to leave by the end of May 2020. His notice period is one month. Please guide on what can be done. We also want to eliminate the pressure of paying salaries during COVID-19. However, morally, would it be right to remove him during such challenging times? Is there an ideal way to handle this situation?

Thank you.

As the concerned employee, are you still on probation? If you are a probationer, you may act as per the probationary letter/order. If you have already completed your stated probationary period, the action steps shall be different.

Kritarth Consulting Team, 15.5.2020

Underperformance is not misconduct

In a way, an underperforming employee reflects the underperformance in the recruitment process. Whether it is a performance issue or a behavioral issue, the employer cannot compel or coerce the employee to quit the job on their own. If they do, it would be treated as "constructive dismissal" only.

In the case of continued underperformance, dispensing with the services of the employee for that reason becomes even more cumbersome. There should be objective and pre-set standards of performance, well-documented and continuous performance appraisals of the employee, grant of chances for improvement like PIP, efforts taken to place the underperformer in suitable alternative job positions, and their refusal, and so on. Only then can you formally show them the exit door.

Particularly, doing this during the lockdown period is not advisable.