Need advice on disruptive member of staff

Acc72

Another_not_new_user wrote: »

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.

Ok, we will agree to disagree - no problem


The employee doesn't sound like the sort of person who would take a disciplinary process well, and the OP sounds like they may not be comfortable with the process anyway.


Also, will other employees want to be embroiled in action against a colleague who clearly has anger / violence issues ?


Why not just move on in the simplest way ?


In the specific example, do you really think that the employee would take action (given the costs) ?


Do you think that a no-win / no-fee firm would take the case ?

jc808

upavon1 wrote: »

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.

Sounds like your typical part time Michael Corleone.

Another_not_new_user

Acc72 wrote: »

Ok, we will agree to disagree - no problem


The employee doesn't sound like the sort of person who would take a disciplinary process well, and the OP sounds like they may not be comfortable with the process anyway.


Also, will other employees want to be embroiled in action against a colleague who clearly has anger / violence issues ?


Why not just move on in the simplest way ?


In the specific example, do you really think that the employee would take action (given the costs) ?


Do you think that a no-win / no-fee firm would take the case ?

You are assuming the employee will even turn up for a disciplinary process. And if they don't or if they turn up and act out, then that will simply put another nail in the coffin.

And do I think that the employee would really take legal action - yes, it is always a risk and it is specifically this kind of employee that has led to the imposition of costs at tribunals. A fiction arose that people claimed in bad faith. And yes, some did, but notwhere near as many as suggested. But the ones who do claim in bad faith are mavericks - there is no ryhme or reason as to what they might be willing to say or do, and there is no evidence that costs have made them back down.

So if I were employing someone like this I would want to be in a position to walk in to pre-claim conciliation (or even a tribunal) without the need to retain legal advice (which will cost me a lot no matter what the outcome, knowing that I had every piece of evidence and process on my side, and that I need not fear being forced into a compromise that will cost me more for fear of my legal costs. Employers no more need lawyers than litigants do - but they DO need to be sure they can defend their actions.

JustOnce

You could ask if she has anything going on in the background that you are unaware of.

Also, have you checked that your staff are not bullying this girl? That may explain why the outbursts

Good luck!

TBagpuss

Even if if staff were bullying her, that would not be an excuse for her to vandalise property.

I agree that it would be sensible to speak to the other staff members to get more information about the various incidents, both so you can document what happened in case she does comeback, and also so you can consider whether anyone (existing staff or whoever you next hire) needs any further training, or whether you need clearer communication about the job requirements and who supervises / reports to whom.

jobbingmusician

I would hold a disciplinary, to ensure that you have documented clearly what happened, and to ensure you have covered all bases - she could still claim unfair dismissal on grounds of a protected characteristic such as disability.

Write to her stating what happened (or what you were told happened, if you were not present). You should include the fact that (it is alleged that) she broke company property deliberately, and that she has not responded to your attempts to contact her, or attended work. Invite her to a disciplinary meeting at which she has a right to be accompanied by a colleague or a trade union official. State that deliberate destruction of the company's property, if proved, would constitute gross misconduct. Refer to the earlier incident(s), where presumably you gave her at least a verbal warning that her behaviour was unacceptable???

If she turns up for the meeting, hear her out, and let her explain any mitigating circumstances. (I can think of only one where you might have to tread carefully, but I'm not going to post it on here in case she is reading.) If you want further advice after that meeting, come back here, but I can't really see any other outcome for her but dismissal. On health and safety grounds for other staff, if nothing else!

When calculating final pay, include any accrued holiday but deduct any shifts where she hasn't turned up for work.

Poppie68

OP I notice you say you 'manage' the cafe.....Are you the owner?
In normal circumstances it would be your job to deal with the issue, but it seems likely there could be a backlash aimed at you....maybe speak to the owner?

Obviously if your the owner ignore the above:)


Either way don't be bullied into keeping her in your employment, she sounds like a nightmare and if friends and family of hers a getting involved the sooner you deal with the issue the better.