Employee acting up in order to get sacked.

Russe11

Part and parcel of being an employer, can understand why some small employers are very cautious.

Russe11

LittleVoice wrote: »

Did she have any holiday accrued but not taken? You could make her take that during her notice period - as long as you give proper notice of the holiday.

If she had taken more holiday than accrued to date of termination (expiry of the notice period), do your terms allow you to deduct the over-payment?

Though an employer can use holiday accured to pay a notice period, the employee has a right not to accept this payment as their notice period pay.

LittleVoice

Russe11 wrote: »

Though an employer can use holiday accured to pay a notice period, the employee has a right not to accept this payment as their notice period pay.

Not true - as long as the employer gives notice (as I wrote) they can say when the employee takes holiday, the employee cannot say they will not take that as holiday.

Ada_Plum

sweetilemon wrote: »

I can believe it. For some they relish in creating such a horrible atmosphere moaning about how they hate their job and don't want to be there. Sometimes feel like saying 'well just f******* go, im not stopping you'. Actually getting fired, not sure if they think it'll happen, some people don't know how lucky they are. Lol, sorry for the rant, no advice just feel your pain. I'm a supervisor not an employer but still have to suffer the same unnecessary turmoil!!!

Thank you. it's not right, is it?!

Russe11 wrote: »

Part and parcel of being an employer, can understand why some small employers are very cautious.

It has certainly made me very wary. I used to get on very well with this person, consider myself to be a fair & reasonable employer & never imagined I would have to deal with these issues. But as you say it is part & parcel of the job & I look upon it as a learning curve for my business.

Thank you for all the support everyone.

(The holiday thing is not an issue, thankfully.)

Sambucus_Nigra

Ada_Plum wrote: »

But as you say it is part & parcel of the job & I look upon it as a learning curve for my business.

And what have you learnt as a result? What measures are you going to put in place to deal with it in future? As soon as someone starts playing up - you need to invoke your disciplinary procedure.

dandelionclock30

Have you ever thought that your job might have been so rubbish she acted up because she couldnt bear it and being with the people?
Maybe how you see your workplace isnt the way others see it? Perhaps its just a releif to her that she no longer has to attend!.
Also you can get JSA after being dismissed without being sanctioned, I know because I got mine straight away no problems.

Russe11

LittleVoice wrote: »

Not true - as long as the employer gives notice (as I wrote) they can say when the employee takes holiday, the employee cannot say they will not take that as holiday.

[FONT=Times New Roman, serif]Section 88(1) of the Employment Rights Act 1996, stating it is the employees statutory right to not accept.[/FONT]

getmore4less

Russe11 wrote: »

[FONT=Times New Roman, serif]Section 88(1) of the Employment Rights Act 1996, stating it is the employees statutory right to not accept.[/FONT]

where?

it says holiday can count towards the notice pay.
88 Employments with normal working hours.


(1)If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working hours—

(a)the employee is ready and willing to work but no work is provided for him by his employer,

(b)the employee is incapable of work because of sickness or injury,

(c)the employee is absent from work wholly or partly because of pregnancy or childbirth [F1 or on [F2adoption leave, /I][URL="http://forums.moneysavingexpert.com/newreply.php?do=newreply&p=52892845#commentary-c2010358"][I]F3[/I][/URL][I]ordinary or additional paternity leave] or paternity leave, or

(d)the employee is absent from work in accordance with the terms of his employment relating to holidays,

the employer is liable to pay the employee for the part of normal working hours covered by any of paragraphs (a), (b), (c) and (d) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week’s pay by the number of normal working hours.

(2)Any payments made to the employee by his employer in respect of the relevant part of the period of notice (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [F4paternity pay, [F5ordinary statutory paternity pay, additional statutory paternity pay] , adoption pay, statutory adoption pay,] holiday pay or otherwise) go towards meeting the employer’s liability under this section.

(3)Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Ada_Plum

dandelionclock30 wrote: »

Have you ever thought that your job might have been so rubbish she acted up because she couldnt bear it and being with the people?
Maybe how you see your workplace isnt the way others see it? Perhaps its just a releif to her that she no longer has to attend!.
Also you can get JSA after being dismissed without being sanctioned, I know because I got mine straight away no problems.

That is ceratinly possible.
What she does next isn't really any of my concern.