Help - employee problem

Obukit

Hi,

Quick question - I have an assistant manager in my shop who's been employed for less than a year. During that time they've had a couple of informal meeting regarding their attitude to the job (mainly complaining about shifts, other managers etc.).

Today I arrived early for my shift because I had a meeting with our bank manager. Normally shifts start at 3pm with 1 hour handover. Unfortunately on the way back from my meeting I was knocked off my bike and injured thus delayed whilst paramedics etc. were called. My mobile phone was also smashed to pieces so I couldn't call to say I was running late - was in shock after the accident and there were no payphones between the accident and the shop.

Got back at 4.35pm to find the shop in mild chaos as the assistant manager had left at 4pm - there were still staff but they didn't have access to void items from the tills, get change, etc. Luckily nothing more serious had happened.

I'm considering sacking the manager for gross misconduct - obviously it wasn't ideal not being able to call but in the end she had no way of knowing what had happened. Because she had seen me earlier she knew I knew about the shift and therefore something major must have taken place. We all have an emergency contact but she didn't call mine to check what was happening. Potentially if I'd been taken to hospital there would have been no-one to lock up the shop at the end of the day. She sent an email handover with no mention of this incident at all.

It is the first time I've had to consider sacking someone but because of the previous problems I'm considering it in this case. I know employment law is on my side as they've been in the position less than two years but I would like to hear other's opinions on the matter to check I'm not being unfair.

Thanks in advance

whitewing

I think you need to check phone records to see if she attempted to call your mobile.

I also think if she has other commitments e.g. children, it would be a difficult call for her to make as her being late may cause nursery to be understaffed etc.

Check she did actually leave at 4pm, not hung around for a bit.

There were other staff there to explain to customers. I think it was an unlucky situation, perhaps better procedures could be put in place to cover an eventuality happening in the future.

poet123

If she had called your emergency contact what would they have said? Presumably if you were out of contact with the shop, you were out of contact with everyone?

Obukit

whitewing wrote: »

I think you need to check phone records to see if she attempted to call your mobile.

I also think if she has other commitments e.g. children, it would be a difficult call for her to make as her being late may cause nursery to be understaffed etc.

Check she did actually leave at 4pm, not hung around for a bit.

There were other staff there to explain to customers. I think it was an unlucky situation, perhaps better procedures could be put in place to cover an eventuality happening in the future.

Thanks for the advice.

She didn't try and call me. Another member of staff called and left an answerphone message about 30 mins after she'd left, but obviously I didn't receive that and was in the shop within minutes anyway.

She didn't have any childcare commitments or children (lives with parents).

I appreciate not an ideal situation but you can never cover someone having a car accident/medical emergency etc. Personally I would expect, and expect other managers, to wait behind if someone doesn't come to cover their shift unless they have something urgent, like children to collect. They are paid more, after all - is such an expectation unreasonable?

If she had called your emergency contact what would they have said? Presumably if you were out of contact with the shop, you were out of contact with everyone?

Thanks, but my question was more whether it was reasonable conduct if you can't get hold of someone? Obviously the situation wasn't ideal but then I didn't really choose to be crushed up against railings either.

whitewing

My friend is a nanny, and her employer (the mother) didn't turn up one evening. After loads of ringing around by nanny and the husband, the mother appeared mildly drunk - had gone out for a business lunch and thought I'm fed up with all my responsibilities.

You aren't being unreasonable, except that you don't have policies and procedures to cover this. Would you refuse to pay her extra if she had stayed on the basis that it wasn't agreed in advance.

You may have a legal helpline as part of your business insurance, speak to them?

poet123

Have you asked her about the issue? Why she decided to leave? Until you know her thought process you cannot make a decision about her conduct.

Obukit

whitewing wrote: »

My friend is a nanny, and her employer (the mother) didn't turn up one evening. After loads of ringing around by nanny and the husband, the mother appeared mildly drunk - had gone out for a business lunch and thought I'm fed up with all my responsibilities.

You aren't being unreasonable, except that you don't have policies and procedures to cover this. Would you refuse to pay her extra if she had stayed on the basis that it wasn't agreed in advance.

You may have a legal helpline as part of your business insurance, speak to them?

No, in fact my expectation was to come back, offer to pay the overtime and a bottle of wine/chocolates to say thank you for staying without notice. Obviously that went out the window when I had to come back and try and sort out all the mess.

Thanks, good idea - will look and see if we have legal advice (have a nasty feeling not but always worth a try).

whitewing

I am not being unsympathetic - just thinking that when you are shaken, tired and maybe in pain, it is not a good time to be making business decisions.

Are you both due in work tomorrow or Sunday?

You can always call ACAS if you don't have other help available, although I tend to find that they give different answers depending on who you speak to so that doesn't help too much if you need definitive legal advice.

flashnazia

What's the rest of her work like?

Obukit

flashnazia wrote: »

What's the rest of her work like?

She's actually very capable at her job - just the issue with being late to shifts, and generally causing trouble by complaining about other managers behind their backs, refusing to do the same shift patterns as other managers (e.g. occasionally having days off split to cover other manager's commitments etc).

It's a small management team so anyone trying to gossip or stir trouble causes problems for the whole team.

Savvy_Sue

I think you need some good advice here, ie the kind you pay for. Yes, you probably can get rid of her quite easily, but you still need to do it right or it may come back to bite you. Especially if she decides to take it further: she has limited rights but if she's got any chance of claiming discrimination (eg if she's the only female assistant manager or she's gay / pregnant / of a different faith to other assistant managers / disabled in some way) then it will certainly cause you grief.

Also what do your terms and conditions of employment say about assistant managers staying / covering / always having one on the premises?

And what about your disciplinary and grievance procedure? Has she had formal warnings to date? Are there examples of what gross misconduct might include?