[suffolkclean]

Hi I've taken on a 19 year old girl about 4 weeks ago on an 'as & when required' she dosn't work for anyone else & at interview I did ask if there was any days she wasn't able to work - answer = NO. She has worked for 6 hours!! everytime I ask her to work she says she's busy I want to get rid of her I need a cleaner that can work!! I told her it was a 3 month trial!?

Thanks
B

[allshine cleaning]

Hi did you tell her or did you write it down as part of your contract, there is so many laws out now,i allways got everything covered in my contract and terms and they have to sign even if they are f/p time,if you said 3 months trial i think you can stop her anytime inbetween this time,good luck, mike

[suffolkclean]

I verbally told her 3 month trial, I give contracts out after they've been with me for 6 weeks.

[darren clarke]

if it is as and when, just dont have any hours for her, say you have gone quiet

[Robert Parry]

Hi Suffolk,

When advertising for staff you should always issue a job description along side the vacancy.

It is considered best practice to send brief details of the job, rates of pay, holidays, hours, start times etc to any succesful applicant. You should also issue your new employee full details of your procedures through a staff handbook or similair, followed by checking their details (bank, employment status etc). This followed by an induction procedure to include H & S, Coshh, introduction to site etc.

Again best practice dictates that all documentation, including the employment contract should be issued to your employee before work starts on their first day, this helps protect all parties and avoids any dispute. Verbal instruction, might be considered sufficient, but then again in front of an employment tribunal, it might not!

In this particular case, I would be perhaps tempted to agree with Darren! (assuming that your contract has been properly drawn up in the first place).

Regards,

Rob

[newbroom]

At the interview stage get potential staff to complete an availabilty sheet.  i would suggest that anything to do with employee working  terms & conditions needs to be in writing. You are not protecting your business by verbal communication alone

Regards Mark.

[Griffus]

'As and When' works both ways.

Keep her as an option but don't rely on her. In the mean time employ another 'as and when'.

If the contract or service agreement is zero hours then 'there is no obligation on the company to offer work nor the employee to accept' therefore if you are that unhappy then keep it simple and do not offer work.

Officially, probationary terms should have be documented in your offer letter. If there are issues with performance then they need to be addressed and timed targets set for improvement. If no improvement then you should follow your own disciplinary procedure. If you decide not to continue employing this person you will have to show that you have been fair and reasonable throughout. There can't really be an issue if the only issue is that she is not accepting your offer of work. If you have regular work then put on a part time contract.