Unreliable Employee on Sick...

fattyrae1

A friend of mine owns his own business and one of his employees is off sick for a few months. The employee is not the best worker and is quite unreliable. Now my friend has found a whole load of stock that has been left to go out of date, costing him a few hundred pounds. Naturally, he wants to get rid of the employee and find someone more reliable but is aware that it could be difficult, expecially as he is on the sick.

Does anyone know the best way to handle this?

hayley11

You can fire somebody even if they are on the sick. I'd suggest he rang somebody like ACAS to see where he stands.

dmg24

When did the stock go out of date? Was it while the person was off sick?

How long has the employee been employed, and what is the reason for absence? Is the reason for absence a long term condition? Is it foreseeable that the employee will be able to return to work in the future?

fattyrae1

dmg24 wrote: »

When did the stock go out of date? Was it while the person was off sick?

How long has the employee been employed, and what is the reason for absence? Is the reason for absence a long term condition? Is it foreseeable that the employee will be able to return to work in the future?

The stock was found while the employee was off sick and had been sitting for a long period of time, while the employee was working. The employee has worked there for nearly a year and has been getting gradually more lazy, my friend is not sure if he is coming back, the sick note is only for 3 months (injury while drunk) but the employee has not stated when they will be back.

dmg24

But did the stock actually go out of date while the employee was working?

Has the employee actually been asked what the outlook for his return to work is?

I think that your friend needs to be more proactive, and meet with the employee to discuss his sickness absence (though I would not raise the other issues at this point), and when he intends to be back.

I am assuming that this is a very small company?

fattyrae1

dmg24 wrote: »

But did the stock actually go out of date while the employee was working?

Has the employee actually been asked what the outlook for his return to work is?

I think that your friend needs to be more proactive, and meet with the employee to discuss his sickness absence (though I would not raise the other issues at this point), and when he intends to be back.

I am assuming that this is a very small company?

Yes, the stock went out of date while the employee was working. I think the problem is, that another member of staff has been taken on to cover the sickness, and she is a good worker. He has realised that he would prefer to keep the new member on than take back the unreliable worker.

SomeBozo

You can sack someone for being off sick too much, but there is a process to follow. Does the company have a policy for sickness absence?

You can also sack someone for not being capable at their job, but again there is a process. Is there a process for capability?

Bozo

Bismarck

if they have been there under a year, I thought they could be binned without needing to give a reason...

Popsicle

Hi. In answer to the question about under a year, yes you can dismiss someone under a year without reason. You need to ensure though that you are not dismissing based on anything that is covered under any of the discrimination acts (eg you are not dismissing him for an absence relating to a disabilty etc) as they can still claim discrimination through an ET even though they are not able to claim unfair/constructive dismissal.

pinkshoes

As he's been there under a year, you can dismiss him for pretty much anything except discrimination based reasons. I'd say not doing his job properly (i.e managing stock - was it in his contract and job description to do this?) is a good enough reason to sack him.

poker_face

pinkshoes wrote: »

As he's been there under a year, you can dismiss him for pretty much anything except discrimination based reasons. I'd say not doing his job properly (i.e managing stock - was it in his contract and job description to do this?) is a good enough reason to sack him.

What type of work is it? Sounds fair enough to sack him but not sure on the legal side, you may need proof he is inadequate for the job in case it is contested.