Initiatives for avoiding dismissal due to circumstances concerning the employee

Objective

This guideline concerns dismissal due to circumstances concerning the employee and describes a number of initiatives that the management must have carried out before the dismissal process may be initiated. However, this does not apply if summary dismissal is involved. In such a case, the matter is sufficiently serious to warrant immediate action.

General

Dismissal is very stressful for employees. All initiatives must therefore be carefully considered before any decisions involving dismissal are made. This applies both to redundancy due to circumstances concerning the department/unit and dismissal due to circumstances concerning the employee.

Informal warning (reprimand)

If an employee does not carry out his duties satisfactorily, the employee’s superior is to point out exactly what the employee is to change. A memo may be inserted in the HR file and a copy must be given to the employee.

Official interview (verbal warning)

If the situation has not improved after an informal warning, the employee is to be called to attend an official interview. The request to attend the interview must be made in writing and forwarded by mail or letter. The employee must have the option of being accompanied by an observer, either a shop steward or another person selected by the employee. During the interview, the management must clearly define exactly what is unsatisfactory and what the consequences will be if the employee’s behavior does not improve.

Minutes are to be taken during the interview and the employee should endorse the minutes or – if this is not possible – should receive a copy.

It is important for the case documentation and for both parties that the above-mentioned memo/minutes are written because at a potential later point in the proceedings, it will facilitate argumentation and add to DTU’s trustworthiness. If the case is passed to the Medarbejder- og Kompetencestyrelsen, it is important that the entire case proceedings have been documented, and this is best achieved if memos and minutes have been prepared.

Written warning

A written warning may be given as early as during the official interview if this is considered wise. Another option is to wait until it is evident whether the official interview has had the desired effect.

A written warning clearly signals to the employee that the matter is serious. The warning must be based on facts, and a consultation with the person concerned must be carried out before the warning is given. The period for consultation is 14 days as a rule.

The written warning typically contains a description of the circumstances that must be changed and the behavior the employee must display to remedy the situation. It should also describe the consequences that will follow if the employee’s behavior does not change, which will, as a rule, involve proceedings laid down in employment law.

Over time, written warnings lose their validity as a basis for dismissal.

Special considerations concerning trial periods

Special attention should be paid to the timing of dismissals in cases initiated during the trial period. Bearing in mind DTU’s term of notice of 14 days, in reality, this leaves only two months for the evaluation of new employees.

Entry into force

The guideline on initiatives for avoiding dismissal due to circumstances concerning the employee was approved by the Executive Board and discussed by the Joint Policy Committee in March 2017.

The guideline becomes effective from the time it is published on DTU Inside.

Amendments

The guideline may be amended at three months' notice following review by the Joint Policy Committee. Amendments are communicated via DTU Inside.