There are many industries and roles that require employees to have a certain minimum level of qualification, particularly when it comes to safety-centric positions.
These statutory qualifications should have been in place for quite some time, so you simply recruit for candidates that meet the requirements.
That said, circumstances can change...
What if legal changes suddenly leave your staff unqualified for their role?
Unfortunately, there are unavoidable changes that can cause problems, namely where new regulations are introduced. This can sometimes mean that the qualification benchmark has been raised, leaving existing employees without the new required level of qualification.
Take childcare as an example...
A great way to illustrate this is by using the childcare industry as an example. There have been recent changes to minimum qualifications that staff must possess in order to work in early years services.
From December 31st 2016, all staff working directly with children must hold a minimum of QQI Level 5 Major Award in Early Childhood Care and Education or an approved equivalent. Room leaders must also hold a minimum QQI Level 6 Major Award in Early Childhood Care and Education or an approved equivalent.
This represents a departure from previous minimum requirements, leaving employers with a dilemma: if some of your staff no longer hold the appropriate qualification to perform their role, what should you do?
Proactive steps
It’s fair to say that new regulations aren’t introduced overnight, so you should have had significant advance notice of any changes in regard to minimum qualification levels. Therefore, it makes sense to be proactive from the announcement of any proposed changes, ensuring, that as a minimum you:
- Identify when the regulations are to be implemented.
- Identify if any employees have not yet achieved the proposed minimum qualification level.
- Identify what courses an employee needs to complete to achieve the necessary qualification.
- Notify any affected employee of the developments and provide them with details of the required course.
- Specifically inform any affected employee that they must achieve the qualification prior to the new rules coming into force. Notify the employee in writing that if they haven’t achieved the qualification by the deadline, you may have no option but to terminate the employment relationship.
It’s also a good idea to check on any progress - or lack of - in employees reaching the required qualification level.
Always be reasonable
If the employee hasn’t achieved the qualification in time, you might not have any option but to dismiss them due to their incapability to do their job going forward. However, you should always take into account the surrounding circumstances before deciding on dismissal.
For example, if the employee is likely to achieve the necessary qualification within a short period after the deadline, simply place the employee on unpaid leave. Once the qualification has been attained, reinstate the employee. This may be a better option than going down the dismissal route.
If the employee won’t achieve the qualifications in the near future (or ever), consider alternative roles in the company that they may be capable of doing. If no such options are available, then dismissal may be your only course of action left to take.
For advice on the correct course of action, speak with an expert on 0818 923 923. Or, fill in a contact form to receive a callback.
