Ex employee-unfair dismissal

Zazen999

pelirocco wrote: »

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 ?

_shel hasn't misread the OP - she is querying Ceridwen's comments

BASSETT

Her multiple medical problems were recurrent miscarriages, so if I was going to sack her for being pregnant I could have done it twice before.
I let her change her hours, was sympathetic towards her medical state, changed my hours to accommodate her hospital appointments, gave her the lottery tickets frequently, bonus at christmas and I`m gobsmacked that she`s doing this.
Takings are up at least £100 daily, she has been my only employee, family business otherwise.
I considered bringing her in, showing cctv of friends etc and confronting but thought it may aggravate her condition. I work in for NHS as well as the shop so I understand stress factors etc.
Her partner threatened my hubby when she came to pick up her money so we contacted the police who were going to have a chat with him.
Also I did not sack her, I told her I had to let her go on advice from my accountant which is the truth.
My solicitor has responded to hers with details of this, plus difference in turnover and cctv images etc and asked for an explanation but have not received this yet.
Probably my own fault for being too trusting and it`s a harsh lesson learned.

robpw2

pelirocco wrote: »

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

im not employer bashing im just saying there are two sides to every story i have seen one

and when the op writes that he gave her holiday pay and a weeks notice then it makes me thinks that he isnt nesscary aware of what he was supposed to be doing

im in the process of setting up my own business

Zazen999

robpw2 wrote: »

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?

Rob, the OP would have been quite within their rights not to give her notice, and to go to the police and report theft; if she has been stealing.

Why don't we wait for the OP's response before making any sarcastic responses?


ETA: cross posted.

robpw2

BASSETT wrote: »

Her multiple medical problems were recurrent miscarriages, so if I was going to sack her for being pregnant I could have done it twice before.
I let her change her hours, was sympathetic towards her medical state, changed my hours to accommodate her hospital appointments, gave her the lottery tickets frequently, bonus at christmas and I`m gobsmacked that she`s doing this.
Takings are up at least £100 daily, she has been my only employee, family business otherwise.
I considered bringing her in, showing cctv of friends etc and confronting but thought it may aggravate her condition. I work in for NHS as well as the shop so I understand stress factors etc.
Her partner threatened my hubby when she came to pick up her money so we contacted the police who were going to have a chat with him.
Also I did not sack her, I told her I had to let her go on advice from my accountant which is the truth.
My solicitor has responded to hers with details of this, plus difference in turnover and cctv images etc and asked for an explanation but have not received this yet.
Probably my own fault for being too trusting and it`s a harsh lesson learned.

so you made her redundant then ?

you either got rid of her because of the cctv evidence her performance etc

or you made her redundant because the business couldnt afford to pay her which is a different kettle of fish?

BASSETT

robpw2 wrote: »

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?

I was just saying I gave her what she`s entitled to so that nobody thinks I ripped her off, and yes I paid her minimum wage, it`s a corner shop, basic skills required only.

Can I please ask for constructive comments only, not sarcasm.

robpw2

Zazen999 wrote: »

Rob, the OP would have been quite within their rights not to give her notice, and to go to the police and report theft; if she has been stealing.

Why don't we wait for the OP's response before making any sarcastic responses?


ETA: cross posted.

yes fair enough thats gross misconduct but we don't actually know she was stealing he is just saying takings have been up since she departed

he hasnt mentioned stock was down or missing and if she was skimming off the top and not putting money in till then he would notice a drop in stock

robpw2

BASSETT wrote: »

I was just saying I gave her what she`s entitled to so that nobody thinks I ripped her off, and yes I paid her minimum wage, it`s a corner shop, basic skills required only.

Can I please ask for constructive comments only, not sarcasm.

im sorry that you appear to have been burnt and i hope that this case get sorted fairly

BASSETT

I let her go because I couldn`t afford her wage, thats the truth, it was a toss up btwn paying her or paying my shop rent.
Finding out about the cctv, her attitude and discovering difference in turnover came within her last week.
Like I said I didn`t want to pull her in and say, watch this, what is going on, as at that point I was sympathetic towards her condition.
If I had known she was going to do this I would have done just that and not spared her feelings.
I am female by the way and understood what she was going through.

Zazen999

OP

you've not answered my questions so I can't really help.

but - I think you have handled this one badly.

You have let someone go, when you should have put them through a disciplinary and sacked them. You have been too nice and it has come back on you.

You need to find out all her claims, and counter them with your reasons for doing so, through your solicitor. It is completely irrelevant that you have evidence that she was stealing, as that was not brought up during the time she was there. If you have now brought that to the attention of the police, it will look like you are just trying to get out of the unfair dismissal issue.

In future, get a grievance and dismissal policy, and use it. Cover your back. And dig a bit deeper into who you employ in your shop before you leave them alone with your till.