[Mike Burd]

Got 3 workers. All in their own vans. Totally contactless system in place. One guy says he’s not happy working in pandemic but other two Want to work.  Have them the choice morning after lockdown and had a vote. Obviously it’s pretty safe. We’ve not lost any work.

Any way unhappy worker has had 11 complaints in 3 weeks and getting shirty over it. Have warnedHim but he’s saying shouldn’t be working and that’s why he’s making mistakes. Have offered him unpaid leave, holiday pay but now he’s saying he’s stressed and he’s depressed. Have checked and not allowed to furlough as I’ll get a subbie to cover his  work.

In conversation with solicitor and he says ordinarily it’s gross misconduct and dismissal but solicitor reckons he’ll claim unsafe and tread carefully.

Not after advice. Just sharing.

[Dave Willis]

Yep there was a thread about this. Problem is it could depend on who he lives with too. Maybe his wife is high risk or even his mother/father if he’s still at home.

[Mike Burd]

Yep there was a thread about this. Problem is it could depend on who he lives with too. Maybe his wife is high risk or even his mother/father if he’s still at home.

Cheers. I’ll see if I can find it. No, he’s in a house share. No one needing shielding so can’t furlough him. If I could at this point I would. Its been two days of raised voices and just want him gone now but can’t sack him as he’s just over 2 years.  Not even registered with a GP but claiming depression.

[dazmond]

Got 3 workers. All in their own vans. Totally contactless system in place. One guy says he’s not happy working in pandemic but other two Want to work.  Have them the choice morning after lockdown and had a vote. Obviously it’s pretty safe. We’ve not lost any work.

Any way unhappy worker has had 11 complaints in 3 weeks and getting shirty over it. Have warnedHim but he’s saying shouldn’t be working and that’s why he’s making mistakes. Have offered him unpaid leave, holiday pay but now he’s saying he’s stressed and he’s depressed. Have checked and not allowed to furlough as I’ll get a subbie to cover his  work.

In conversation with solicitor and he says ordinarily it’s gross misconduct and dismissal but solicitor reckons he’ll claim unsafe and tread carefully.

Not after advice. Just sharing.

thats the problem with employing.......glad im not in your shoes mate.......years ago you could just sack him and replace him with someone who wants to work......different these days unfortunately.......

[Mike Burd]

Found the earlier thread. This guy is into music and ifs writing a score for a film (token pay) and I think he just wants to be furloughed to work on it. When the self employment 80% was announced he assumed I’d close up. Idiot didnt realise he works for a limited company and thought we were carrying on just because I wouldn’t get paid.

Accountant reckons we could close it down and furlough everyone but we can work safely and our customers seem exceptionally happy to see us so why would I. One of my guys couldn’t afford child maintenance on 80% and I couldn’t make up the shortfall. I’m in an at risk category myself and wouldn’t step foot in a supermarket but in my opinion we’re working like clockwork and no contract with customers. Love it! 

[Richard iSparkle]

solicitors will always advise you the most risk free way to go about things. they dont take risks. its not what you ask their advice for.

i think i would probably give discuss it with him, and if needed to give him a warning about dismissal, then get rid of him as you would at any other time.

he probably won't take you to court over it, but sometimes i think you need to show that you just won't stand for nonsense like this.

how long's he been working for you for anyhow?

[Smudger]

he said over 2 years...

why not furlough him ?  you don't have to furlough all your staff

Darran

[Mike Burd]

he said over 2 years...

why not furlough him ?  you don't have to furlough all your staff

Darran

Not allowed because we’re taking a subbie to cover his work. Basically we’d just be giving him government paid holiday. Employment specialists said we can’t do it.

[Mike Burd]

solicitors will always advise you the most risk free way to go about things. they dont take risks. its not what you ask their advice for.

i think i would probably give discuss it with him, and if needed to give him a warning about dismissal, then get rid of him as you would at any other time.

he probably won't take you to court over it, but sometimes i think you need to show that you just won't stand for nonsense like this.

how long's he been working for you for anyhow?

[NWH]

Get him when he comes back lol,does he still go shopping if he does that’ll give you a true insight into what he’s up to.

[Smudger]

Then it's time off unpaid - simple

Then on return you give him a list of errors with a  final written warning for poor work

Darran

[Ooooooog]

Verbal, then written warning, then dismissal.

[Lee Pryor]

You can actually go straight to final warning if you can justify it. Especially if he has worked for less than 2 years.

[Mike Burd]

According to the solicitor we’ve got to tread carefully . My instinct is to sack him and I could barely contain my anger this morning. I’m working towards getting rid as the relationship is finished as far as I’m concerned. 

[KS Cleaning]

I think you should be consulting ACAS mate. If you don’t go through the proper channels for dismissal you are leaving yourself wide open.

[Mike Burd]

I think you should be consulting ACAS mate. If you don’t go through the proper channels for dismissal you are leaving yourself wide open.

Trying to do it properly hence solicitor involved. In his opinion ordinarily it’s gross misconduct.

[NWH]

Just make an excuse when it calms down and sack him.

[davids3511]

I think you should be consulting ACAS mate. If you don’t go through the proper channels for dismissal you are leaving yourself wide open.

Trying to do it properly hence solicitor involved. In his opinion ordinarily it’s gross misconduct.

Can't see how it's not gross misconduct even in these unusual circumstances. Let him keep going out and he'll single handedly finish your business. 11 in 3 weeks is really bad, especially for 2 years experience.

[dazmond]

I think you should be consulting ACAS mate. If you don’t go through the proper channels for dismissal you are leaving yourself wide open.

Trying to do it properly hence solicitor involved. In his opinion ordinarily it’s gross misconduct.

Can't see how it's not gross misconduct even in these unusual circumstances. Let him keep going out and he'll single handedly finish your business. 11 in 3 weeks is really bad, especially for 2 years experience.

I bumped into one of your franchisees the other day.....glad to see another window cleaner TBH!had a bit of a chat with him(from a distance obviously)....👍

[Stoots]

Just sack him. Hes refusing to work and he's making loads of mistakes.

Just follow your disciplinary procedure if you are worried. Written warning for the mistakes, another for refusing to work.