Need advice on disruptive member of staff

BritishBibliophile

As the others say, if she's been with you less than 2 years then you can get rid of her pretty easily (as long as it's not due to discrimination such as sexuality, race, religion etc), although as Takeaway says you can reduce the risk by "investigating" things properly.

Never written such a letter before but you can probably go with something along the lines of;

Dear [person]

Due to your vandalism of company property on [date], I am hereby terminating your contract of employment with [business], effectively immediately.

I have calculated that you are owed [amount] in wages and unused holiday pay, and this amount will be paid to you by [date].

If you wish to discuss this further then I will be available at [business premises] on [dates and times].

Regards,

[Name etc]

I've put in her visiting the cafe rather than phoning you because if she becomes abusive or threatening then you have witnesses, but if you don't want to discuss it at all then just remove those last 2 lines, and block her phone number.

Not sure you'd want to drop it round by hand, perhaps sending it by recorded delivery would be best? Depends on how you feel about the possibility of speaking to her face to face.

DaveTheMus

Takeaway_Addict wrote: »

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

example....

upavon1

Thanks everyone. I will take everything onboard and get this hopefully sorted tomorrow.
"Ohreally" thanks for your comments too but I DID ring her the very next day after she had been sent home saying I was expecting her in so she didn't need to read my mind just her text or listen to her answerphone! But thank you anyway you might be right I shall get it sorted one way or another and she will be gone by the end of the week hopefully. Thanks again everyone

agrinnall

DaveTheMus wrote: »

example....

Failure to pay NMW.

Another_not_new_user

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.

Not even remotely true... in addition to the cause stipulated by Takeawayaddict....

....And whistleblowing, and maternity/ pregenancy, and membership or non-membership of a trades union, acting as an employee representative or trustee of an occupational pension scheme. being a part-time or fixed term employee, taking part in official industrial action (there are some restructions on this one), dismissal for political beliefs and affiliations, and family, parental or paternity leave including both birth and adoption, and dependants leave.

Which is why it is important for every employer, no matter how big or small, to get their paperwork and processes in order and apply a fair disciplinary process to demonstrate that they have come to a lawful decision to dimiss.

Acc72

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.

Ok, although I am not a fan of the 2 year rule, in cases such as this it can be very useful.


Firstly, what is your position in the business - eg. are you the owner / do you have authority to let staff go ?


Assuming the above, then it is clear that this employee is not suitable.


I would just say to her that her services are no longer required as "it isn't working out" - you do not need to go into any more detail than that.


Do not go into any more details or hold meetings etc. as this is a waste of time, and is not required.


You will need to pay her for any hours worked, any accrued holiday pay plus payment in lieu of notice (you will need to double check the rules on how much is required, depending on length of service).

Acc72

Another_not_new_user wrote: »

Which is why it is important for every employer, no matter how big or small, to get their paperwork and processes in order and apply a fair disciplinary process to demonstrate that they have come to a lawful decision to dimiss.

With regards to this specific thread, the OP should just say "it isn't working out", pay the employee what they are rightly due to be paid and move on.

Another_not_new_user

Acc72 wrote: »

With regards to this specific thread, the OP should just say "it isn't working out", pay the employee what they are rightly due to be paid and move on.

I disagree. That is exactly the sort of action that leads to claims. The OP has specific evidence, witnesses and just cause to dismiss. So why cut corners and leave themselves at risk of the member of staff claiming "it wasn't working out" for an automaticallu unfair reason? Cutting corners is only "necessary" when you can't find, or can't be bothered to find, a good and clear reason for your actions. It leads to lazy thinking, and one dfay that will catch up with you, and you'll dismiss someone unfairly just because you think you can.

DaveTheMus

Another_not_new_user wrote: »

Not even remotely true... in addition to the cause stipulated by Takeawayaddict....

....And whistleblowing, and maternity/ pregenancy, and membership or non-membership of a trades union, acting as an employee representative or trustee of an occupational pension scheme. being a part-time or fixed term employee, taking part in official industrial action (there are some restructions on this one), dismissal for political beliefs and affiliations, and family, parental or paternity leave including both birth and adoption, and dependants leave.

Which is why it is important for every employer, no matter how big or small, to get their paperwork and processes in order and apply a fair disciplinary process to demonstrate that they have come to a lawful decision to dimiss.

A nice copy and paste from the gov.uk site...

https://www.gov.uk/dismiss-staff/unfair-dismissals

Here's the link for the OP, might help a bit more than a random mish-mash of words and phrases.

Although I don't think any apply to the OPs case...

Brunbjorn

Agree with much thats been said on here.

I also think that careful pre-employment checks, references (etc) can help to 'sift out' people that it may not be in your interests to employ, to start with.