Help - employee problem

ridcully

Uncertain wrote: »

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.

The 12 months is to the end of her employment - if you give her 4 weeks' notice then it will be to the end of that 4 weeks. However, if you dismiss her immediately and give her 4 weeks' pay in lieu of notice then the above is correct.

flashnazia

paulofessex wrote: »

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.

May give her a kick where needed but may also give her more to moan about.
It may also give her the required length of service (if she hasn't already) to make it harder to let her go.

flashnazia

Uncertain wrote: »

Really?

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



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.



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.



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?



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?



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!

I know we haven't heard the other side of the story but I do expect an assistant manager to take some responsibility and actually have some consideration for the shop and It's customers.
If somebody is acting like this in the first year(?) and other staff have no such 'difficulties' that does ring alarm bells for me I'm afraid!

Sambucus_Nigra

So how long has she been employed?

Personally, I'd never leave the shop in those circumstances, but leave she did. This suggests to me that there is no procedure in place to cover the situation. Also, you need to look at there being someone there to stand in when the managers aren't there for whatever reason.

Uncertain has said all the rest so I'll let you answer those questions. They are certainly things that could be brought up if the person was to appeal any dismissal.

Savvy_Sue

I read the first post as the OP is the business owner. Then s/he speaks of justifying it to 'my managers', so I'm a bit confused. I suppose it could mean that the OP wants to be able to justify any decision to this Asst Manager's colleagues, but actually that would be the least of my concerns: the reasons for dismissal shouldn't be open knowledge IMO.

We have had people leave unexpectedly, and all we have been told is that they are leaving unexpectedly. That's all anyone except those involved in the decision need to know. Same as when people are on extended sick leave: all other staff need to know is that the person is off, not expected back until ..., and the following arrangements are in place to give cover.

And if this is NOT the OP's business, then I'd be discussing the issues and what to do with more senior managers before making any decision.

getmore4less

The problem is if you start a process based on current issue you just give the employee more time and they fix the problem for a bit the the same problems might reoccur later.

I suspect he employee sees you as a soft touch, late, moaner, sets their own shift and now leaves on time leaving the place in a mess.

If you don't have a contractual disiplinary process(if you do you should be using it) get one and use it.

https://www.gov.uk/browse/employing-people/dismissals-redundancies


It might be a good time to review the processes for all employees with all the managers together, specificaly tackling the current area where this and any other employees performance is unacceptable.

They may get the hint if not they have no excuse when they fail to perform.