Need advice on disruptive member of staff

upavon1

Help. I manage a small seaside cafe. At the weekend a member of staff smashed stock and crockery up the wall in the kitchen when she was asked, politely, to stop chatting and go back out front because we were busy. Luckily no one was hurt and no food was contaminated so damage was minimal just double cream everywhere and broken China and a couple of staff a bit shook up. I asked the girl to go home and calm down. Unfortunately this isn't the first occasion that her short temper, apparently, has got the better of hier she has smashed glasses on the floor etc when she has got cross but this is the first time I have witnessed it first hand. I also have it recorded on our cctv. The next day she came in ten minutes late no apology for being late and no apology for his previous nights behaviour so I sent her home again after saying you haven't even apologised. She has not turned up since for any of her shifts. The first time I rang and left a message (and text) asking if she was ok and said that I was expecting her in but just wanted to know she was ok and if she could get in touch but have not heard anything that was Monday of this week. However a close relative of hers has taken to a social media site accusing me of bullying her daughter (although not naming me or my cafe just insinuating who she is referring to) and saying she is going to take me on and I have taken the wrong person to pick on. I am not picking on anyone - this girl has broken my stock, frightened my staff, left me short staffed and I don't know what to do! Can anyone help? If anyone is an expert or can help draught a letter that I could hand deliver to this girls address I would be most grateful. Thank you all.

BritishBibliophile

Frankly I'd say you need to fire her, otherwise the rest of your staff will either quit or flat out refuse to work with her.

The main question here is; how long has she been working for you?

BrookesAndrew

Sounds to me like this girl isn't very nice and the people she is hanging around with are not very nice either. I am not an expert in this so can't help you with the letter but I would let her go. Hopefully she won't come in again and that will make things easier for you.

Don't worry about the person on social media. If they were that serious they would come and see you, not post about it first on social media!

Takeaway_Addict

How long has she worked for you? I would guess at less than two years?

upavon1

Sorry meant to say she has worked for us less than two years. Yes, if I am honest, I do want to fire her but because we are a small business I want to do it right but can't afford to go to solicitors for advice which is why I thought I would ask here. She doesn't have a written contract only verbal. I know I will have to pay her any holiday she is owed and our holiday starts 1st January and she is full time but do I have to an investigation into her behaviour at the weekend officially or is her not turning up grounds enough for termination. I am worried she will just say I told her to leave and then it will just be a question of he said she said type thing and it could escalate if her relative wants to take it further. I'm worried.

DaveTheMus

She's worked for you less than 2 years so you can fire her for the smashed crockery alone with no comeback.

Before 2 years you can be fired for anything or nothing as long as it's not discriminatory.

Get her gone.

Takeaway_Addict

upavon1 wrote: »

Sorry meant to say she has worked for us less than two years. Yes, if I am honest, I do want to fire her but because we are a small business I want to do it right but can't afford to go to solicitors for advice which is why I thought I would ask here. She doesn't have a written contract only verbal. I know I will have to pay her any holiday she is owed and our holiday starts 1st January and she is full time but do I have to an investigation into her behaviour at the weekend officially or is her not turning up grounds enough for termination. I am worried she will just say I told her to leave and then it will just be a question of he said she said type thing and it could escalate if her relative wants to take it further. I'm worried.

You don't have to do anything but you do need to minimise your risk of being taken to a tribunal. The fact she hasn't worked there for 2 years goes well in your favour but it is GOOD practise to go through the correct disciplinary procedure.

Read up on ACAS's recommended disciplinary procedures and do a fair hearing and then make your decisions.

Do this right and your other employees will know you are being professional.

And for crying out loud....get written contracts/particulars done!

Takeaway_Addict

DaveTheMus wrote: »

She's worked for you less than 2 years so you can fire her for the smashed crockery alone with no comeback.

Before 2 years you can be fired for anything or nothing as long as it's not discriminatory.

Get her gone.

Not quite true, you could also get in trouble for firing someone that is standing up for a statutory right

brightonman123

has OP asked staff member if any out of work problems, affecting behaviour? maybe a deeper cause.

Takeaway_Addict

OP, you say manage so are you not the owner? If you are not the owner could you ask them to aid you in this?

ohreally

upavon1 wrote: »

Sorry I am worried she will just say I told her to leave

But you did...

upavon1 wrote: »

so I sent her home again

She has not turned up since

Why didn't you make your intentions clear, she is unlikely to be a mindreader

Ambiguity is unhelpful. May she simply assume you have suspended her (on full pay) pending you deciding the next move?