Help - employee problem

zzzLazyDaisy

When exactly did this person start working for you? The two year rule only applies to employees who started after 5th April 2012; if they started before then, it is still 12 months.

[Deleted User]

If this were any other business, I think you would be sitting her down for some coaching or a warning.

Whilst I appreciate how serious this was, It's only right that you speak to someone and allow them a chance to comply with your policy and procedure.

If you are asking for advice here, I would be extremely concerned that you may have missed some of the basics.

Just out of interest, what does your business do, this may make a real difference....

flashnazia

Obukit wrote: »

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.

Obviously you need to talk to her about this. Is there something that she is unhappy about that needs to be resolved?
If not and she's just one of those people that like to cause strife just for the sake of it then I would think seriously about keeping her on.

I echo the other poster about getting proper legal advice.

getmore4less

get rid ASAP

or stop messing around with the issues it's your business.

Time keeping
Shifts
Complaints

probably worth looking at you employment contract and tightning them up

paddyrg

Written warning against being demoted maybe? Use it as a chance to establish that deputy/duty manager is a responsible position, not just a fancy name with free money. Explain that as management the point is you expect her to take charge when there is an anomaly, not walk away - and if she would rather just be a regular employee thats fine, management doesn't suit everyone and you'll find someone to step up...

Obukit

Thanks everyone for your advice. I hasten to add the legal side of it I'm okay on, contracts are pretty good - but I will need to justify any decision to my managers and wanted to make sure I wasn't over-reacting.

Uncertain

Remember, when you say "less than a year" a week's statutory notice must be counted even if you dismiss and give payment in lieu of notice.

If her contract specifies more than a week's notice you must give how ever long the contract says (or payment in lieu) but only a week counts toward the year for unfair dismissal protection.

whitepaper

Obukit wrote: »

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

As you say, you were in shock.

I hope things will look better in the new year.

:xmassign:

paulofessex

Someone mentioned 'demotion' now to me that sounds a good solution. If she is not meeting the requirements that you would expect from an assistant manager, perhaps demotion for a six month period may give her a wake up call to accept and learn the responsibilities expected of her.

Of course she may object to this and choose to leave, her choice.

Uncertain

Obukit wrote: »

I hasten to add the legal side of it I'm okay on, contracts are pretty good

Really?

I'm afraid that doesn't come over in your posts in this thread.

I know employment law is on my side as they've been in the position less than two years

You don't say when this person started work but unless it was after 5th April this year they only need one year to qualify for unfair dismissal protection, not two.

I'm considering sacking the manager for gross misconduct

Based on what you have posted here it is hard to see that this could be viewed as gross misconduct. You MIGHT have grounds to discipline them and, if they have no protection against unfair dismissal, obviously you can sack them if you choose however they are entitled to proper notice.

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.

So, have you dealt with these previous transgressions properly? Are the documented? Were warnings issued? Extra training provided? Or are you just making them up now as it is convenient?

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.

Well you might "expect it" but is it actually part of their job description? I don't know what time the shop closes but would you "expect" them stay until then regardless without any prior notice?

Unless they are such that give rise to legal protections their personal circumstances shouldn't come into it. Why should more be expected of a staff member who doesn't have children?

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.

So, what would have happened if this person had been taken ill? If the shop descends into "mild chaos" as a result of a 35 min absence it would rather suggest a lack of organisation.

It may well be this person is less than ideal but it seems some other things need sorting out too!