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  • FIRST POST
    • kylestucon
    • By kylestucon 10th Aug 18, 9:39 AM
    • 69Posts
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    kylestucon
    Slander
    • #1
    • 10th Aug 18, 9:39 AM
    Slander 10th Aug 18 at 9:39 AM
    Hi,
    Advice needed. I am a club Stewardess at a very small private social club with me employed full time and 3 part time staff. I have a problem with one of my staff and am unsure of how to approach it legally. He has been tell customers and a few committee members that I have been stealing from club which is totally untrue. We run a bonus ball ( numbers 1to 59 1 a number with prize paid out weekly) he is saying that I have been fiddling it by waiting until it has been drawn on the Saturday night and claiming it in my husbands name on the Sunday morning by saying that I have put my husbands name in a number that is spare. That is not the case as the treasurer had been using an old sheet which had hubbys name missing which I had filled in the treasurer has the master copy so knows this to be true so just says to ignore him but I want to take it further. My husband also ran a goalbuster competition which this staff member won he is now saying we both fiddled that as he was paid 100 short but that is not true. He has probably told half the club and I am worried that they will believe him. My union said he should be sent a letter to be up in front of committee and that it is slander and he could be sacked straight away for gross misconduct. I want to pull him about it first with a witness present but don't know if I could. I am mortified as half the club might think there is some truth in it.
Page 2
    • Undervalued
    • By Undervalued 15th Aug 18, 12:06 PM
    • 3,258 Posts
    • 2,964 Thanks
    Undervalued
    Hee, hee, hee... An interesting interpretation of the law that won't hold any water at all when the lawyers arrive.

    If you take any action against him that will simply confirm, in some people's eyes, that what he said it's true and that you are retaliating. This is the employers responsibility, and the committee are the employer.

    This place sounds like a shambles with a disaster waiting in the wings....
    Originally posted by sangie595
    To an extent yes. However most committee run organisations take the approach that the committee appoints the most senior member of staff who, in turn, has authority to hire, discipline and fire the other employees.

    Take a private school for example. Normally the governors appoint (and if necessary dismiss) the headmaster. All other staff are answerable to him.
    • sangie595
    • By sangie595 15th Aug 18, 12:26 PM
    • 5,067 Posts
    • 8,670 Thanks
    sangie595
    From the legal perspective though... How long has this employee been there?
    Originally posted by pmduk
    This employee may not be able to claim unfair dismissal. I meant in the wider sense, this is a disaster waiting to happen, with employers who claim they aren't employers!
    • sangie595
    • By sangie595 15th Aug 18, 12:31 PM
    • 5,067 Posts
    • 8,670 Thanks
    sangie595
    To an extent yes. However most committee run organisations take the approach that the committee appoints the most senior member of staff who, in turn, has authority to hire, discipline and fire the other employees.

    Take a private school for example. Normally the governors appoint (and if necessary dismiss) the headmaster. All other staff are answerable to him.
    Originally posted by Undervalued
    I wasn't aware that all headteachers are male. But never mind... Yes, BUT the committee are the employer and the complainant is the manager! The manager cannot impartially investigate and hear a disciplinary when it is they who are complaining. If there is a complaint invoving a head teacher, the head teacher doesn't investigate it and deal with the disciplinary - the "committee" does. That's because they are the employer and legally responsible.
    • Undervalued
    • By Undervalued 15th Aug 18, 12:57 PM
    • 3,258 Posts
    • 2,964 Thanks
    Undervalued
    I wasn't aware that all headteachers are male. But never mind... Yes, BUT the committee are the employer and the complainant is the manager! The manager cannot impartially investigate and hear a disciplinary when it is they who are complaining. If there is a complaint invoving a head teacher, the head teacher doesn't investigate it and deal with the disciplinary - the "committee" does. That's because they are the employer and legally responsible.
    Originally posted by sangie595
    No, of course not but in this instance, if I have read it correctly, the committee have quite rightly told to the OP to discipline his / her /their staff if they think it appropriate.

    He / Her / They told us.....

    The committee say that it's up to me to discipline or sack him. They have said that they employ me but I employ the staff as bar manager and they just pay the wages
    A committee of (presumably) volunteers cannot deal with individual staff issues further down the chain on a day to day basis. Yes, ultimately they have the legal responsibility but that is discharged via the chain of command.

    I agree that if they receive a complaint about the most senior staff member they have to deal with it but that was not the point I was responding to.

    Oh and I suppose if we are being pedantic I should have said governors and governesses
    Last edited by Undervalued; Today at 1:05 PM.
    • lincroft1710
    • By lincroft1710 15th Aug 18, 3:37 PM
    • 10,886 Posts
    • 9,183 Thanks
    lincroft1710

    Oh and I suppose if we are being pedantic I should have said governors and governesses
    Originally posted by Undervalued
    School/university governors - one of the few occasions when the masculine term is commonly used for both genders.
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