Does this warrant a dismissal?

cobbingstones

Hello all

Can I ask for your advice please with regard to an employee who has been with me for a few months.. She is generally very popular with my clients (I run a housekeeping business) and they usually request her, she is honest and reliable and a very positive team member. However, one of my other employees found a business card through one of my clients doors advertising a cleaning company with her address on and two e mail contacts (one again which was her) so I shall make the assumption that she is now running her own company with a friend.

Generally, I feel there is enough work for everyone and I do not have an issue with someone getting extra work for themselves as long as it does not affect my business. However, recently she had a week off (stating her son was ill) and she is now asking for another busy day off. Is she using my tools and products? Is she planning on taking my customers with her?

Please advise I'm new at being a Manager and would appreciate your help.

chalkie99

Until they have two years service you are able to dismiss without giving a reason (with a few exceptions such as for pregnancy, race or sexual discrimination, etc.).

It sounds like they are using your business to kick-start their own and have no scruples in "using" you. Why help them?

Get rid immediately and look for a less ambitious replacement.

paddyrg

Dismiss. You can't be paying the costs and giving your round and contacts to a competitor. She's taking the proverbial, regardless of whether her sickness etc is genuine.

Savvy_Sue

And you probably want a clause in your staff handbook making it clear that any other employment or self employment should be agreed with you, agreement won't be unreasonably withheld etc.

Funky_Bold_Ribena

cobbingstones wrote: »

Hello all

Can I ask for your advice please with regard to an employee who has been with me for a few months.. She is generally very popular with my clients (I run a housekeeping business) and they usually request her, she is honest and reliable and a very positive team member. However, one of my other employees found a business card through one of my clients doors advertising a cleaning company with her address on and two e mail contacts (one again which was her) so I shall make the assumption that she is now running her own company with a friend.

Generally, I feel there is enough work for everyone and I do not have an issue with someone getting extra work for themselves as long as it does not affect my business. However, recently she had a week off (stating her son was ill) and she is now asking for another busy day off. Is she using my tools and products? Is she planning on taking my customers with her?

Please advise I'm new at being a Manager and would appreciate your help.

Or is she just wanting a day off?

If you want to get rid citing a conflict of interest then use the evidence of her business cards, but don't use the days off against her. If she can prove that her son was ill, then you have shot yourself in the foot. And add a conflict of interest clause to your terms and conditions.

WastingMyTime

Yes, it does warrant a dismissal if she is poaching your clients and stealing your products to support her business.

zzzLazyDaisy

You have a good reason to dismiss.

But the point is you don't need to give a reason at all. As long as your reason does not relate to an unlawfully discriminatory reason (it doesn't) you can dismiss her within the first two years and she has no right of redress as she cannot go to a tribunal.

Whether you actually want to do this or not is entirely your decision.

And sign up for the ACAS newsletter and get yourself on some courses. This one won't land you in trouble, but for sure if you are coming on an internet forum looking for advice on such essential aspects of running a business, you will come a cropper eventually.

D

paddyrg

Incidentally, if you feel there's enough work for everybody, go after that market you're missing.

When you have 'the conversation' and bring the girl in to point out she can't have a competing business, you could use it to also gently get a sense of how well it's been going for her, out on her own? Maybe discuss things like insurance, tax, what happens when HMRC investigate.

I can see two outcomes - one is that she gets scared of losing the income she has and her private round isn't big enough to support her, she gets to keep her job by giving you those clients so you can continue to manage the insurance, tax and contracts. That's win-win, you keep a popular and pleasant staff member, she gets to feed her kids. Or she goes into competition and you chase her clients with offers to come back, and threaten legal proceedings if she approaches/takes your clients.

DKLS

Protect your business, get shot and toughen up, you will have to make difficult decisions running your own business and this is just one of them.

Acc72

zzzLazyDaisy wrote: »

But the point is you don't need to give a reason at all.


D

If you do decide to dismiss this employee, just call them in and say "it isn't working out" and leave it at that.

Saying anything else will not change the situation, will not add any value for you and can only cause you more aggravation - even if it is just an argument or a more uncomfortable situation.

martindow

Acc72 wrote: »

If you do decide to dismiss this employee, just call them in and say "it isn't working out" and leave it at that.

Saying anything else will not change the situation, will not add any value for you and can only cause you more aggravation - even if it is just an argument or a more uncomfortable situation.

Don't you think she will ask why? Even if you don't volunteer a reason for the dismissal you need to be prepared to respond to the question.

I would adopt paddyrg's strategy.