Employee who doesnt want to work

T123

I have an employee who was put verbally on short time notice and has been working 2/3 days per week, he has now sent me a letter via the Union stating that he wants redundancy, however I have work here for him and have told him this but he has now refused to come into work at all, he has now been out a week with no sign of him coming back - surely this is unfair and should not be entitled to the redundancy?

I look forward to your views.

1984ReturnsForReal_2

how long has he been working short time for?

T123

He has been put on short time for about 3 months now, however work is slowly starting to increase.

bristol_pilot

No-one is entitled to redundancy. If you have work available for him and he refuses to come in you can sack him for gross misconduct.

Viper_7

Can't just claim redundancy just like that. He also can't just not turn up.
Need to tread carefully, but his actions to date from what you've said would result in a disciplinary warning. following that if he doesn't return to work, dismissal.

MyRubyRed

Don't agree with him refusing to come to work. But is there not some rule in Employment law that says if the employee has been on short time for 13 weeks then he is entitled to ask for redundancy?
Can I also ask whether you offered him return to full time employment before or after the Union got involved?

MyRubyRed

Just checked and there is a PDF leaflet giving information on the Acas website (www.acas.co.uk) entitled Layoffs and Short Time working. It may give you some help in what you/your employees rights. Hope its of some help.

outofworksch

Don'y know if it helps or hinders but
when I was put on short time work, I came across this which may explain why he has taken the action he has, http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10037790

ceridwen

....I guess the only surprise is that the employee hasnt done this sooner. I would have had my calendar out crossing off the days if I were them and the letter would have been in - hand-delivered - on the dot at 9am the first day I could....

A full-time worker cannot usually afford to manage on part-time salary - even on just a temporary basis. If they could - they would have taken a part-time job in the first place.

I think you can only do the honorable thing - and make him redundant - in the circumstances.

T123

Thank you for your responses, however he is not the only one on short time, I have reduced my days aswell as there is just not the work there, yet the work I have, I will do. I have had to get someone else in to help me as my 'employee' does not WANT to work so I have had to pay extra for this and this is money that I just do not have, and why should I pay someone who doesnt want to work when the work is there and only wants to get something for nothing when there are people out there who want to work but cant as there is nothing available to them. Something is not right here.

1984ReturnsForReal_2

T123 wrote: »

Thank you for your responses, however he is not the only one on short time, I have reduced my days aswell as there is just not the work there, yet the work I have, I will do. I have had to get someone else in to help me as my 'employee' does not WANT to work so I have had to pay extra for this and this is money that I just do not have, and why should I pay someone who doesnt want to work when the work is there and only wants to get something for nothing when there are people out there who want to work but cant as there is nothing available to them. Something is not right here.

Why should someone accept reduced pay, driving them into debt without the ability to claim for any benefits to help your business out?

If they were made redundant they may be able to claim on insurance & or benefits & keep a roof over there head & feed there family.

If they havent had the hours & money they are entitled to redundancy.

Whatever it costs your business is a cost that should of been accounted for.

Sorry, or do you expect all the hundreds of thousands to sit at home without money for the next couple of years before things pick up again? Either that or the taxpayer pays them benefit subsidising your business.

Harsh reading but business is business.