Dismissing Someone while Sick
Discussion
My wife works for accounts in a museum. She is an experienced manager, but pretty overwhelmed with the volume of work she currently has.
She has an employee who having passed probation, completely wound down their work rate, prior to going sick.
The employee has been sick for over 5 weeks now, and has always given doctors notes, but only when chased. Having not turned up, again on Monday my wife emailed asking if they were coming back to plan thier return.
The employee sent a text they weren't , and an email copy of the latest sick note. The notes have been for neuralgia, sinusitis colds, nothing overly sensitive. My wife said company procedure was to send it without being chased, and to phone to confirm it was received. Th employee has responded with a big email how they have a lawyer and my wife is harassing them and causing emotional distress. My wife has asked for far less than the company procedures require.
They have previously lied about the need for various needs for holiday and the like in the past. They have been an employee for 3months as a temp, and about 5months as a permanent employee, having passed probation about 2 months ago.
Any tips on getting rid?
She has an employee who having passed probation, completely wound down their work rate, prior to going sick.
The employee has been sick for over 5 weeks now, and has always given doctors notes, but only when chased. Having not turned up, again on Monday my wife emailed asking if they were coming back to plan thier return.
The employee sent a text they weren't , and an email copy of the latest sick note. The notes have been for neuralgia, sinusitis colds, nothing overly sensitive. My wife said company procedure was to send it without being chased, and to phone to confirm it was received. Th employee has responded with a big email how they have a lawyer and my wife is harassing them and causing emotional distress. My wife has asked for far less than the company procedures require.
They have previously lied about the need for various needs for holiday and the like in the past. They have been an employee for 3months as a temp, and about 5months as a permanent employee, having passed probation about 2 months ago.
Any tips on getting rid?
Thanks Jas,
They do have a company that does pro bono work for them (they are a charity) but their contact is on vacation for three weeks.
My wife is pretty upset, and having seen the email I can understand why, it is very threatening and you can see the game they are playing. She has only enquired if the employee is going to turn up to work when their sick notes have lapsed, and if they needs any help on their return.
She will be speaking to ACAS on Monday for some advice.
They do have a company that does pro bono work for them (they are a charity) but their contact is on vacation for three weeks.
My wife is pretty upset, and having seen the email I can understand why, it is very threatening and you can see the game they are playing. She has only enquired if the employee is going to turn up to work when their sick notes have lapsed, and if they needs any help on their return.
She will be speaking to ACAS on Monday for some advice.
Employee was a temp for three months, then made permanent, probation passed after a further three months, performance dropped off a cliff a soon as probation was signed off (they were looking to start an improvement plan... and then sick, total service is just under 8 months. Notes have been for neuralgia, colds and sinusitis.
They came in as a temp through an agency, so doesn't have hold of the references. They were offered a permanent role after three months, and probation signed off a further three months, when performance attitude and attendance took a big turn...
She is asking for the original copies of the fit for work notes. The tone of the employees email was very uncalled for, unpleasant and clearly teeing up for a claim of some sort.
The pay is 5 days paid, and then SSP.
She is asking for the original copies of the fit for work notes. The tone of the employees email was very uncalled for, unpleasant and clearly teeing up for a claim of some sort.
The pay is 5 days paid, and then SSP.
She has a draft letter to send tomorrow, written by an HR Director friend, if they extend their sick further.
If they comes in, who knows, they haven't made for a comfortable working environment for themselves.
A legitimate redundancy could be an option in place of performance monitoring.
Thanks to those that said, I have reinforced the issue isn't with her, it's the employee.
If they comes in, who knows, they haven't made for a comfortable working environment for themselves.
A legitimate redundancy could be an option in place of performance monitoring.
Thanks to those that said, I have reinforced the issue isn't with her, it's the employee.
Roman Rhodes said:
What does "legitimate" redundancy mean? Surely your wife and/or managers within the charity know whether the job is required or not? Is the charity in the habit of employing people they don't need?
The fact is that you're asking about getting rid of someone because of (perceived) unreliability, poor performance and communication. Adding another 'wrong' in the shape of mis-using the redundancy process in order to remove an employee is only likely to make life more complicated.
They don't have any money and redundancies are looking like a likely option to make savings (across the business). They are a small department, and have been covering this employees work for the last two months. If they are required to get rid of someone, I doubt it will be one of the remaining members of the team that are actually doing their job.The fact is that you're asking about getting rid of someone because of (perceived) unreliability, poor performance and communication. Adding another 'wrong' in the shape of mis-using the redundancy process in order to remove an employee is only likely to make life more complicated.
They have been signed off for a month now with stress. Which is unlikely to have come from work as they haven't been there!
Terminator X said:
The OP hasn't confirmed length of time employed so far. As many have said if less than 2 years then just dismiss then as long as it isn't discrimination of some kind.
TX.
TX.
CubanPete said:
Employee was a temp for three months, then made permanent, probation passed after a further three months, performance dropped off a cliff a soon as probation was signed off (they were looking to start an improvement plan...) and then sick, total service is just under 8 months. Notes have been for neuralgia, colds and sinusitis.
Just to update...
My OH is mid audit and workload is significantly above the available hours (both at work and at home).
So her boss and HR are starting the process to remove the employee. Performance aside, there is a further concern that given some of the things claimed, the employee won't be able to work with anyone in the department!
My OH is mid audit and workload is significantly above the available hours (both at work and at home).
So her boss and HR are starting the process to remove the employee. Performance aside, there is a further concern that given some of the things claimed, the employee won't be able to work with anyone in the department!
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