Ex employee-unfair dismissal

BASSETT

Had part time employee (16hrs a week) for just under a year in my small corner shop. Ok at first then gradually got lazier, she had multiple medical problems so kind of felt sorry for her (I know!). Anyway customers started complaining about her attitude and my turnover was dropping, thought it was credit crunch.
Watched her on cctv and she had her friend behind the counter and somebody in the back shop. I saw this the day after she went on a 2wk holiday, funnily enough during said holidays, takings were up 20% daily. After a lot of thought and negative customer feedback told her I`d have to let her go due to sales dropping and I couldn`t afford to pay her, which was true, I couldn`t even afford my rent and some of my suppliers.
So she has decided to take me to a tribunal for unfair dismissal claiming I got rid of her cos she`s pregnant and she was forced to lift heavy crates etc, which is absolute s***.
To say I`m furious is an understatement. I have already got my solicitor onto it, he fired off a letter a month ago stating all the above but I can`t believe she`s pursuing it.
Coincidentally, takings have now gone up over a third since she`s left!
I gave her her holiday pay while she was off and a weeks notice too.

ceridwen

Well - this time I'm on the side of the employer - ie O.P.

Sorry to hear you've had this problem. It does sound a lot like she has been stealing from you from what you say - have you any idea of the amount concerned? (I guess that means multiplying the difference between normal takings and the takings on the days she was in x the number of days she was at work).

Dont suppose the amount she stole makes any difference in law - just thinking that I personally would want to know just how much she owed me.

Could be that her attempt at having you for "unfair dismissal" might mysteriously stop if you told her that you had worked out that she owed you £x and wouldnt pursue the stolen money if she, in turn, didnt pursue her unjustified claim against you.:rolleyes:

....on the other hand - it could be that shes doing that particular "try on" precisely in order that you dont send the police after her for theft?

Hmmmmm......what "evidence" have you got to back you up regarding her thefts from you? Have you got camera recordings of her doing so or anything?

Wondering whether any of your regular customers noticed her stealing anything and would be prepared to back you up? They've told you about her bad attitude - so could be they've noticed other things too..but havent wanted to say in case they were imagining it (just recalling when I noticed an employee looking suspiciously like they had just attempted to steal some money - but I'd caught them in the act. I mentioned my suspicions - they were monitored and subsequently caught and sacked). So - I think some regulars might help you out there if you "put the word out".

(She's told you "multiple medical problems" - and shes pregnant!!! Guess she's not THAT ill after all then......hmmm...)

[Deleted User]

If you did not follow the http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081727680&r.l1=1073858787&r.l3=1074200615&r.lc=en&r.t=RESOURCES&r.i=1073793719&r.l2=1073876974&r.s=eThe statutory dismissal and disciplinary procedures then she may well have a claim. The fact the she is pregnant will only aggrivate your problems.

[Deleted User]

ceridwen wrote: »

(She's told you "multiple medical problems" - and shes pregnant!!! Guess she's not THAT ill after all then......hmmm...)

Why do medical problems exclude someone from having children?

Horace

The OP should really have a grievance and disciiplinary procedure in place (its the law) but the law also states that he can dismiss a person for any reason during the first year of employment.

It is obvious that if takings suddenly shot up when she was on holiday that she had her fingers in the till or it could be that customers didnt like shopping there when she was around due to her rudeness. I wonder if there was an explanation as to why the friend was on the wrong side of the counter?

I hope you kept your CCTV tapes and that you inform the police about the theft.

robpw2

ceridwen you say that you support the employer on this but you have only heard one side of the story ..
for all you know he sacked her when she said she was pregnant and needed maternity leave and then "invented" this information to try to counteract her unfair dismissal claim

i would agree with horace though any evidence you have would useful in your defence op so make sure you have it

Zazen999

a - did you know she was pregnant?

b - did you follow your procedure for letting her go?

c - have you employed someone else to take her role since?

d - did you tell her at the time that you suspected her stealing and being rude? Further, did you tell her that you had had complaints?

robpw2

_shel wrote: »

Why do medical problems exclude someone from having children?

maybe its because if you have an illness you cannot possibly meet someone . or have intercourse .. or leave your house .. and they paint big red crosses on your door....


It doesnt

robpw2

BASSETT wrote: »

I gave her her holiday pay while she was off and a weeks notice too.

how kind of you to giver her what shes entitled to ?
next youll be telling us you paid her at least the minimum wage for working you did dindt you?

pelirocco

_shel wrote: »

Why do medical problems exclude someone from having children?

I think you misread the Op , i read it as not only has she had a lot of medical issues she is now also pregnant


She had been working for him/her for less then one year , doesnt that make a difference ?

pelirocco

As per normal it turns into an employer bashing , a few people on this site could benefit from running a business i think