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Lesley J

  • Posts: 150
Re: dismissing employee
« Reply #20 on: January 04, 2008, 08:07:17 pm »
Ive done the deed, she has gone, said she will sue me for unfair dismissal, I think we have had a lucky escape, she was trouble.
Lesley Tyrrell

Ian Rochester

  • Posts: 2588
Re: dismissing employee
« Reply #21 on: January 04, 2008, 08:16:59 pm »
Employing staff is always a minefield as peoples comments on here have shown, there are good staff out there who want to work, don't take a lend and are an asset to the business, just finding them is the hard thing ;D

Never go on first impressions, try not to employ relations/friends/relations of other employees, always set a 3 month probationary period and get their Statement of Employment out to them, signed and returned as soon as possible, give them a copy of the standards of work you expect and make sure you check on them regularly.

I know all of the above through personal experience!!!

Re: dismissing employee
« Reply #22 on: January 04, 2008, 10:25:43 pm »
Ive done the deed, she has gone, said she will sue me for unfair dismissal, I think we have had a lucky escape, she was trouble.

I'm not quite sure how you've had a lucky escape if indeed she does sue. I presume she means she will take you to a tribunal?

Scotbrite

  • Posts: 140
Re: dismissing employee
« Reply #23 on: January 04, 2008, 10:58:31 pm »
Glenda,
I don't see what Lesley has to worry about.She has acted correctly and i am sure the employee will be advised of this if she approaches the C.A.B.Iwould say never be afraid to be the boss of your own company, just make sure you follow all the correct procedures,
Regards,
Ron

Scotbrite

  • Posts: 140
Re: dismissing employee
« Reply #24 on: January 04, 2008, 11:00:43 pm »
And one last comment - always treat people as you would expect to be treated !! - - Until they treat you otherwise. Then the gloves are off !! lol

J. Deans

Re: dismissing employee
« Reply #25 on: January 05, 2008, 01:19:19 pm »
Well done Keybright. I think you did the right thing.

Food for thought though: The probationary period can sometimes be a double edged sword.
As has been mentioned, you do not have to give a reason to 'let an employee go' within the first 12 months of continous employment. However, the introduction of a probationary period into an employees T&C's forms a seperate part of an employment contract. The employee may well be within their rights to insist on a reasonable explanation as to why you are letting them go. "Sorry, but things have not worked out" may simply not be enough.
Although this would not constitute grounds for suing at an employment tribunal, a disgruntled and determined ex-employee could certainly use it to stir things up for you.

When ACAS tell you that you should follow the verbal and written warning procedure first, they are simply trying to advise you in a way that is beneficial to the employee, as well as you the employer. They are not saying that you should do this as a matter of law. Also, the warnings procedure works well for employees who commit minor infringements, but there is clear legislation on the side of the employer relating to instant dismissal for instances of serious misconduct.
The only issue then is, what constitutes serious misconduct. If the attitude or behaviour of an employee can be shown to have lost a business three clients, then that employee has put the wellbeing of the business in jeopardy. This easily constitutes serious misconduct.

Taking into account your employee was within the probationary period and the fact that you do not normally need a reason to 'let an employee go' in the first 12 months, I would still consider using serious misconduct as the reason in your situation. You might find that the employee is less likely to kick up a fuss because a valid and serious reason was given in any event.

I sincerely hope this is the last you hear of this person and I wish you all the best for the future.

steve doyle

  • Posts: 287
Re: dismissing employee
« Reply #26 on: January 05, 2008, 02:51:49 pm »
I also belive you to of done the right thing here,

It may be that the "things didnt work out" wouldnt be embraced by a third party sitting in judgement but it still is a fact and i understand you to be within your rights.(this can include things like fitting into a small team, which are important).

However, a clearer way of expressing the problem might be " I no longer have any work for the cleaner to do. I have lost the 3 jobs she was brought in to do, so i have been forced to let her go."
Maybe it is a more diplomatic  and hard to find fault with view due to it being based on fact and economics rather than personal opinion?

 she has proved you right with the suggestion she will be "suing you" however i would be 99% certain you will hear nothing more, Really tho' i am sure its what you expected to hear something like this from her.

One thing i would be wary of is having any coversations regarding the matter should you recieve a phone call from her, you dont want to give any ammunition to anyone. I would politely suggest its dealt with and hang up. wont she want a referance from you? you could ask her if you feel the need.

obviously these boards are good for getting opinions of what other people may do in certain situations but ultimatly the choices must always be made by yourself.


regards

steve

from edge2edge

  • Posts: 1507
Re: dismissing employee
« Reply #27 on: January 05, 2008, 08:08:14 pm »
Always remember in these difficult situations that it is you who has given them a job and thus money.I speak with two lots of experience of tribunals(both won i might add)that angry dismissed employees shouting the odds rarely get to tribunal and hardly ever win.Its a place like court and if you dont have good representation(very expensive) it is a fight you will lose in almost all cases.Always plan to sack them when it is easiest for you and have a witness present.

Gerry Styles

  • Posts: 558
Re: dismissing employee
« Reply #28 on: January 05, 2008, 09:29:45 pm »
Why did she last this long?
Premier Klean Limited

Lesley J

  • Posts: 150
Re: dismissing employee
« Reply #29 on: January 06, 2008, 04:17:02 pm »
thank you for all your feedback & comments, I have learned a lesson, I should have not kept her for 3 months even, but I needed her at the time and she ended up calling the shots, I will not let myself ever get into that situation again I would rather do the work myself, which Im having to do any way until I can get a replacement
Lesley Tyrrell

Gerry Styles

  • Posts: 558
Re: dismissing employee
« Reply #30 on: January 06, 2008, 09:39:37 pm »
Good Luck keybrite

I learnt to my cost how difficult employees can be. Best to lay it all out at the start in writing and be clear from day one.

My motto now "my way or the highway"
Premier Klean Limited

Lesley J

  • Posts: 150
Re: dismissing employee
« Reply #31 on: January 07, 2008, 09:39:30 pm »
I thought I had done that, and that she had taken the job with the understanding of what I expected, also gave her a copy of it in writing, seems she thought she was so wonderful and that it did not apply to her.
Lesley Tyrrell