Firing an employee - less than 12 months employment
Discussion
Just so I am clear that I can do this.....
I have a taxi driver that I employed in September 2008. Recently he has become more and more of a pain in the ass with what he will and won't do. Got to be finished by 1800hrs to pick up daughter, etc. Now running a transport related company I have it written into the contract of employment that they need to be flexible. Tonight he is dropping off at the railway station at 1745hrs and there is a chap waiting to go 10 minutes down the road. He refused to take the fare on the grounds that it would make him late for picking up his daughter (who is 14) from horse riding lessons. He would have finished at 1810hrs and been paid until 1810hrs - he is hourly paid.
Now, he has a contract that states one month's notice by either party - except for Gross Misconduct,etc. Since he has been with us less than a year I want to give him his marching orders when he turns up tomorrow. If he had been with me more than a year, I would have gone down the disciplinary hearing route.
Am I right in thinking that because he has been with me less than 12 months I can bypass the niceties and contract and tell him to go immediately?
Thanks all.
I have a taxi driver that I employed in September 2008. Recently he has become more and more of a pain in the ass with what he will and won't do. Got to be finished by 1800hrs to pick up daughter, etc. Now running a transport related company I have it written into the contract of employment that they need to be flexible. Tonight he is dropping off at the railway station at 1745hrs and there is a chap waiting to go 10 minutes down the road. He refused to take the fare on the grounds that it would make him late for picking up his daughter (who is 14) from horse riding lessons. He would have finished at 1810hrs and been paid until 1810hrs - he is hourly paid.
Now, he has a contract that states one month's notice by either party - except for Gross Misconduct,etc. Since he has been with us less than a year I want to give him his marching orders when he turns up tomorrow. If he had been with me more than a year, I would have gone down the disciplinary hearing route.
Am I right in thinking that because he has been with me less than 12 months I can bypass the niceties and contract and tell him to go immediately?
Thanks all.
I was afraid of that. What are my chances of a Gross Misconduct sticking?
He brought the company into disrepute by refusing a fare (we are contracturally obliged to accept all reasonable fares by the railway company)
He broke the terms of his contract by refusing the fare (he is contracted to be flexible)
He refused to do his job.
He brought the company into disrepute by refusing a fare (we are contracturally obliged to accept all reasonable fares by the railway company)
He broke the terms of his contract by refusing the fare (he is contracted to be flexible)
He refused to do his job.
Tyre Smoke said:
I was afraid of that. What are my chances of a Gross Misconduct sticking?
He brought the company into disrepute by refusing a fare (we are contracturally obliged to accept all reasonable fares by the railway company)
He broke the terms of his contract by refusing the fare (he is contracted to be flexible)
He refused to do his job.
You should have disciplined him at the time; it's too late to claw it back now, to suit your intentions. Seriously, the best way to resolve this now is to give him notice. Tell him he has to work his notice. If he refuses, then he is resigning without notice, and you don't have to pay him for the time he doesn't work. If he does work, then you're getting the income his work raises.He brought the company into disrepute by refusing a fare (we are contracturally obliged to accept all reasonable fares by the railway company)
He broke the terms of his contract by refusing the fare (he is contracted to be flexible)
He refused to do his job.
Thanks for that Rich. I am striking whilst the iron is hot, this all happened this evening. I have told him to go home and consider his future with us.
I have checked his contract, and although it states that he must give the company a month's notice there is no mention of how much notice the company has to give.
I think I will go down the route you suggest Rich and give him a month's notice tomorrow when he turns up. I know I don't have to give a reason because of his length of service.
Thank you for your sound advice, just what I was looking for.
I have checked his contract, and although it states that he must give the company a month's notice there is no mention of how much notice the company has to give.
I think I will go down the route you suggest Rich and give him a month's notice tomorrow when he turns up. I know I don't have to give a reason because of his length of service.
Thank you for your sound advice, just what I was looking for.
I had figured out that he was none of the above, but in the instance that Soovy had been right, then yes, not having 12 months continuous service might not be a problem for someone who could cite "the discriminations". Race, sex, disability etc. The advice would have to be bespoke in that instance...
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