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Sackable offence??

12467

Comments

  • MissSarah1972
    MissSarah1972 Posts: 1,648 Forumite
    sniggings wrote: »
    I thought within 2 years now people can be sacked without any reason given? not sure why so many people think the OP should have made this formal.
    so he should have just sacked her then, I would have
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    lemontart wrote: »
    it has to be done formally to protect you as her employer if nothing else

    No it doesn't - not unless she has a contractual disciplinary procedure.

    Without that, she can dismiss her, with appropriate notice paid, at any time up to two years' service.
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • sniggings
    sniggings Posts: 5,281 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    so he should have just sacked her then, I would have


    In this case I agree, I'm not one for treating staff badly but her walking out giving the excuse of hot and smelly is totally taking the P***.
  • Ashles
    Ashles Posts: 42 Forumite
    ILW wrote: »
    Trouble is that by being such a wimp, if you do finally sack her and have not followed the correct procedures, she could take you to the cleaners.

    No she can't. As mentioned above she can be dismissed for pretty much any reason (other than clear discrimination or similar).
  • To be honest mate, i think, in the manner that she left....

    She was really saying, "stuff the job"

    Sorry.
  • Notmyrealname
    Notmyrealname Posts: 4,003 Forumite
    JoRoss wrote: »
    Hi

    She wasnt happy when I reminded her what she said when she left "I smell, do you want a sniff"!!!

    She still had attitude and walked away for me.

    I cant cut my nose off at the moment as some big functions coming up, but she wont last long!!

    :)

    P45, weeks notice.

    Plenty of people who would be willing to start the following day. I wouldn't worry about being able to find staff.
  • Notmyrealname
    Notmyrealname Posts: 4,003 Forumite
    but you never gave her a warning?

    No requirement to as she has been employed for less than 2 years. The only thing the OP would have to do is give her a weeks pay in lieu of notice unless it is a gross misconduct offence and then she can be sacked on the spot with no notice or pay in lieu of notice.
  • Savvy_Sue
    Savvy_Sue Posts: 47,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Even a verbal warning (which this appears to have been) should be recorded in writing.

    Agree with those suggesting you get a disciplinary and grievance procedure in place, and follow it! You can probably find a model one on the ACAS website.
    Signature removed for peace of mind
  • ILW
    ILW Posts: 18,333 Forumite
    Ashles wrote: »
    No she can't. As mentioned above she can be dismissed for pretty much any reason (other than clear discrimination or similar).

    It really is not that simple, she may already be talking to a no win no fee lawyer.
  • dseventy
    dseventy Posts: 1,220 Forumite
    ILW wrote: »
    It really is not that simple, she may already be talking to a no win no fee lawyer.

    It really is that simple. Any lawyer wanting to make money wold not touch it with a barge pole!

    D70
    How about no longer being masochistic?
    How about remembering your divinity?
    How about unabashedly bawling your eyes out?
    How about not equating death with stopping?
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