Employee acting up in order to get sacked.

Ada_Plum

Basically, my small business relies on the dedicated team work of only a few staff. Recently, one person has been a complete nightmare; producing sub standard work, winding up colleagues, poor timekeeping etc - all of which had a detrimental effect on business, caused extra work for the rest of us to compensate & created a horrible atmopsphere.
While trying to find out what was wrong, expressing displeasure & then issuing a warning, I was met with time wasting & awkwardness over every little thing. I finally realised that as she had been with us less than 12 months, I could sack her without redress. She more or less admitted she had been trying to provoke me to do so.
Obviously, I am well rid of her & and am glad it is over but am feeling very resentful that she caused so much trouble & just got what she wanted. (Why she didn't just resign, I'm still not sure?!) If she had been an employee of longer standing I would have had to go through months of disciplinary procedures & she would still probably have tried to claim wrongful dismissal - she's like that. Is there nothing to stop employees behaving like this, it seems very unfair on employers and has made me very wary of who I employ next?

maninthestreet

Surely this what a discplinary process is for??

boat_girl

Could it be that she couldn't claim jsa without having been sacked?
Not fair on your business though, to put you through that situation.

HappyMJ

Resign and you don't get benefits. Get the contract of employment terminated and you get benefits. It's as simple as that.

McKneff

I believe the 1 year rule has now changed to a 2 year rule.

She wouldnt have wanted to resign because her benefits would have been sanctioned. Probably doesnt realise that they can be sanctioned anyway, depending on the reason she was sacked.

I'm sure you are well rid.........

marleyboy

Rest in the knowledge that such a deed is going to backfire. Any job she is likely to apply for, will want details of previous employers, of which they WILL check up and will no doubt be looking for a reference.

Good riddance to bad rubbish, you would not want an unkeen employer on your books, its bad for business for both your customers and your employees.

Ada_Plum

Yes, it has recently changed to a 2 year rule, but at the point she was employed it was 1 year, so that is what applies to her.

The benefits thing makes sense, I suppose, I didn't know that - she says she has a job to go to, but maybe that was just blag?!

Disciplinary procedures are not required if they have been employed for less than a year; I'm so pleased that I didn't have to keep paying her until we had gone through all that; bad enough that I have to pay her for her notice period (which she will not be working, she is too disruptive) - so she's effectively geting paid leave.
Doesn't seem fair.

I have had legal advice on this BTW, but the solicitor had never heard of someone wanting to be sacked - just wondered if anyone else had been in this position?

Ada_Plum

marleyboy wrote: »

Rest in the knowledge that such a deed is going to backfire. Any job she is likely to apply for, will want details of previous employers, of which they WILL check up and will no doubt be looking for a reference.

Good riddance to bad rubbish, you would not want an unkeen employer on your books, its bad for business for both your customers and your employees.

Well, if she is foolish enough to ask me for a reference, she will get what's coming...!

HappyMJ

Ada_Plum wrote: »

I'm so pleased that I didn't have to keep paying her until we had gone through all that; bad enough that I have to pay her for her notice period (which she will not be working, she is too disruptive) - so she's effectively geting paid leave.

Maybe that's what she wanted 1 week of paid leave for nothing....No idea...I wouldn't worry about it.

mynameistallulah

Ada_Plum wrote: »

Well, if she is foolish enough to ask me for a reference, she will get what's coming...!

If she is applying for JSA the Jobcentre will write to you to ask why she left - as long as you have evidence to back it up, you are free to tell them exactly how she behaved.

paddyrg

Well rid indeed - and thank goodness she didn't wait until she was a real employee to get all silly