Broken contract?

paddyrg

Stop, breathe, and recognise this is just a part of employing people that your mate is yet to learn in his own venture with his father. Don't take it personally, as hard as that is, but cut him loose once the paperwork is all done and normalised. Even just ask him if he wants to be released form contract right away? It's in no way ideal, but enforcing contractual terms is likely to be a lumpy affair anyway if he's there under protest with you not trusting him any more either - a quick, clean break might be better all round.

NineDeuce

Energize wrote: »

If you aren't able to read a handful of short paragraphs you wouldn't have been capable of helping the op anyway.

I have a good reputation on helping....

Comms69

leighavfc wrote: »

No obviously not........ we were being whats called helpful to a friend at the time. - Hence my earlier comments - separate your professional and personal attitude I understand your comment now about policys, and yes maybe we should have got rid but it stopped soon after and didnt really have many issues after that. Point taken there. - good

Im not sure hence why im asking, solicitor seems to think we have a case, tbh i dont have the contracts in front of me to tell you all the details, so maybe im asking an unanswerable question without the relevant info. Sorry my head is all over the gaff at the minute.

What solicitor?! - what happens when someone is sick, what is the policy? Let's say you weren't feeling well tomorrow, what would you do?


I can tell you now, that using a solicitor in this case would be the BIGGEST mistake you could make. Those costs are not recoverable. You will spend thousands, chasing hundreds (at best!)

Cheeky_Monkey

leighavfc wrote: »

i dont have the contracts in front of me to tell you all the details, so maybe im asking an unanswerable question without the relevant info.

Yes, it would've been better to have the information to hand before posting to avoid wasting people's time and receiving replies that may not be relevant

leighavfc

paddyrg wrote: »

Stop, breathe, and recognise this is just a part of employing people that your mate is yet to learn in his own venture with his father. Don't take it personally, as hard as that is, but cut him loose once the paperwork is all done and normalised. Even just ask him if he wants to be released form contract right away? It's in no way ideal, but enforcing contractual terms is likely to be a lumpy affair anyway if he's there under protest with you not trusting him any more either - a quick, clean break might be better all round.

Yep i agree totally, im not bitter and twisted enough to wish harm or trouble on people. In this instance though i hope he does get something like this pop up as he will remember the way he did it to us. I think were going to put him on ssp until his notice period is up in November some time.

Ive already cut him loose in my head tbh, just waiting for us to be able to say goodbye now really. Although im sure i wont actually see him until after his notice is done as he is avoiding any contact with us.

Another thing, he still has the keys to the factory and other bits of company property which we have requested back to no avail so far. Changed the locks this morning incase he decides to come in when were not here and cause damage (im sure he wont but never say never ey?).

Its going to be soooo awkward from now on as we have many mutual friends that we drink with etc. Many of them will side with him probably due to him knowing them longer etc but i couldnt really care tbh as they are associates rather than mates to me.

Will reply more around 8pm folks, thanks for your comments so far

lincroft1710

Send him a letter and say that you will release him from his contract with immediate effect if he is agreeable. Far better than paying sick pay or having a disgruntled employee in the workplace for 10 weeks

fiisch

You can't force someone to work who doesn't want to. Is it really in your company's best interests to try and drag him back?

If it was me, I'd accept the fact that he wants to leave (I wouldn't be happy about it, but it is what it is), and focus on filling the void.

It might be cheaper/less hassle in the long run to offer him immediate mutual termination, rather than have this situation drag out, so you can all move on as quickly as possible. What role does he perform? Could it be performed by an interim contractor available for immediate start in the meantime, just while you sort out a more permanent replacement?


This doesn't detract from the fact that he has been a complete **** and very disloyal - yes he doesn't owe you anything, but he could/should have worked his notice - particularly given the personal relationship. I suspect there is more to his reason for leaving that has prompted this hasty departure.

Comms69

fiisch wrote: »

You can't force someone to work who doesn't want to. Is it really in your company's best interests to try and drag him back?

If it was me, I'd accept the fact that he wants to leave (I wouldn't be happy about it, but it is what it is), and focus on filling the void.

It might be cheaper/less hassle in the long run to offer him immediate mutual termination, rather than have this situation drag out, so you can all move on as quickly as possible. What role does he perform? Could it be performed by an interim contractor available for immediate start in the meantime, just while you sort out a more permanent replacement?


This doesn't detract from the fact that he has been a complete **** and very disloyal - yes he doesn't owe you anything, but he could/should have worked his notice - particularly given the personal relationship. I suspect there is more to his reason for leaving that has prompted this hasty departure.

Well we don't know that do we? He's called in sick, not failed to turn up

leighavfc

Hi all

Right let me get you up to date without quoting everyone individually lol

My dad again text our employee last night to ask him to attend a meeting at work to sort this all out, and probably let him go there and then (which is what he wishes we think !!). He again failed to respond and also turn up to the meeting today.

Around about 12.30pm today my dad heard the letterbox go after the postman had been, so he wondered who it was. As he looked out window ,said employee girlfriend's car was driving past. So either he or she have popped his self certification form in to us. If it was him, there is no reason what so ever for him not to pop in to sort it. There are no hostilities we would just like to know

A. what is going on with him, is he ill? Or is there another reason to this?

B. what he wants to do about it from here on in? Does he want to leave earlier than notice period (good chance this is the case obviously).

C. To get our keys and property back belonging to the company. He never left them today with his note, why not? i just dont get it at all really.

That is not being unreasonable on our part in my opinion, what do you think?

There is something fishy about all this, weather its him just wanting to leave early or something else i dont know. Im pretty certain he is not stressed out about anything, hes got nothing to be stressed about as far as i know. We talk about everything, funnily enough apart from whats happening at the moment. Maybe he has got something wrong somewhere, but no one knows what or why, even mutual friends.

Its terribly sad that its ending this way at the minute, were all upset about it and im sure somewhere deep down he wont be feeling great about it either. If i could just understand what or why then everything would be fine again, as long as its nothing bad towards us obviously.

I know i should maintain a professional stance on this, and i am to an extent but i am finding it tough as i want to help if there is a problem. Maybe his actions are telling me something else though? The picture of him being out and about drinking and enjoying himself tell me that this is just a front, this is why i am suspicious. If he was told to rest by doctor, why is he doing DIY and then me seeing him up the tip. Or has he started working for his dad ? Some might say him being out is stress relief, but im not sure if im stressed i would be out the amount he has in such a short period of time. Doesn't smack me as being too stressed to work.

All this would have been sorted today or yesterday if he had just replied or responded to us, this is very unreasonable and surely he has to maintain some contact with us?

Sorry for long post, i might sound like im ranting. Im trying not too but i find it good to get it out on here !

leighavfc

fiisch wrote: »

You can't force someone to work who doesn't want to. Is it really in your company's best interests to try and drag him back?

If it was me, I'd accept the fact that he wants to leave (I wouldn't be happy about it, but it is what it is), and focus on filling the void.

It might be cheaper/less hassle in the long run to offer him immediate mutual termination, rather than have this situation drag out, so you can all move on as quickly as possible. What role does he perform? Could it be performed by an interim contractor available for immediate start in the meantime, just while you sort out a more permanent replacement?


This doesn't detract from the fact that he has been a complete **** and very disloyal - yes he doesn't owe you anything, but he could/should have worked his notice - particularly given the personal relationship. I suspect there is more to his reason for leaving that has prompted this hasty departure.

Hi

No we are fully prepared mentally to let him go, the only reason we wanted him to work 11 week period was for transition to be smooth. Also we were planning to get another body in to train up as much as possible in that time, not his problem admittedly although he did agree to all this.

He is assistant manager to me if you like, and when the old man is away i cover my dad whilst he runs the factory, we are a very small company so we dont have assigned titles as such. Everybody knows there role and does exactly as expected of them. So he is not easily replaceable, he has skills that the rest of us dont etc. We will find somebody but as you all know its a minefield out there, could be first candidate or 100th before we get the right one.

Now that last paragraph you write was exactly my trail of thought, why cant he just speak to us like all the other things we have spoke about over the years. This is what hurts the most, maybe he doesn't value our relationship as much as i do? Again this is why i suspect there is something else going on, maybe there is another bomb to be dropped by him yet......