Employee absence (awol) whats my course of action
Discussion
Presumably you have records of when he was issued a verbal warning? (if not why not).
However, what does it say in his contract? Most contracts have absentee notice directions whereby an employee is obliged to let his line manager know by phone by say, 9am if they are not going to be in work.
If indeed this is an aspect of his employment contract and he has not done so and you have a record of when he was warned about it previously then yes, I would think you can dismiss him instantly for gross misconduct.
However, what does it say in his contract? Most contracts have absentee notice directions whereby an employee is obliged to let his line manager know by phone by say, 9am if they are not going to be in work.
If indeed this is an aspect of his employment contract and he has not done so and you have a record of when he was warned about it previously then yes, I would think you can dismiss him instantly for gross misconduct.
The question isn't can you sack him, rather if you do, will he do anything about it.
If he were to cause a fuss he could say that there was nothing he could do about being locked up innocently, and you didn't follow a disciplinary procedure.
However, there is an 80% chance if you sacked him you would hear no more anyway.
If you are dong this to the letter of the law, you need to start disciplinary action. That means giving him seven days notice in writing that action may be taken against him in a hearing, and that he can bring a witness with him. You then need to go through the procedure which would probably be a written warning. If he does it again, final written warning, and then another hearing and sacking.
Alternatively, if you really want to get rid, hold a bunch of cash in front of his face and ask him for his resignation. It's easier for all concerned.
If he were to cause a fuss he could say that there was nothing he could do about being locked up innocently, and you didn't follow a disciplinary procedure.
However, there is an 80% chance if you sacked him you would hear no more anyway.
If you are dong this to the letter of the law, you need to start disciplinary action. That means giving him seven days notice in writing that action may be taken against him in a hearing, and that he can bring a witness with him. You then need to go through the procedure which would probably be a written warning. If he does it again, final written warning, and then another hearing and sacking.
Alternatively, if you really want to get rid, hold a bunch of cash in front of his face and ask him for his resignation. It's easier for all concerned.
I suppose he may claim that it's none of your business....but why did he get into a car with a drink driver? You should ask him for proof that he was locked up during the time he should have been working. It may seem a bit pointless because he will be given a written warning, but it's more amunition against him if he is found to be lying.
I get the impression that even when he does bother to make it into work, that he is not contributing as much as everyone else. Are there grounds to discipline him for this? I don't know!
Have you got a HR department/manager? They should be up to speed with the latest employment law.
I get the impression that even when he does bother to make it into work, that he is not contributing as much as everyone else. Are there grounds to discipline him for this? I don't know!
Have you got a HR department/manager? They should be up to speed with the latest employment law.
I think you maybe better of letting it go this time.
The reason i say that is: you may wish o think about how the other team members will take it, after you mention the team has been down sized, to sack him now after he had a serious car accident, "could" be seen by some as harsh. the question i would ask, is why did you not let this person go when you down sized?
if team moral means anything, then i would make sure the guy knows he is there by the skin of his teeth, then wait for a time where it wont look worse on yu than on him
The reason i say that is: you may wish o think about how the other team members will take it, after you mention the team has been down sized, to sack him now after he had a serious car accident, "could" be seen by some as harsh. the question i would ask, is why did you not let this person go when you down sized?
if team moral means anything, then i would make sure the guy knows he is there by the skin of his teeth, then wait for a time where it wont look worse on yu than on him
For whatever reason you held on to this chap when downsizing, so you've obviously thought about him and how he fits in with the current situation with your company.
I don't think that if he was locked up (and presumeabley had the right to a phone call before all his stuff was stored by the police) he would necessarily think that his supervisor is the person to call, he'd have called home. People very rarely think straight when in these situations anyway.
If he has a problem with absenteeism then find out why, if he's a waster, then put him on a performance programme, get him to agree to it and manage him out if necessary.
How long would it be to find a replacement and at what cost, both cash and opportunity?
I don't think that if he was locked up (and presumeabley had the right to a phone call before all his stuff was stored by the police) he would necessarily think that his supervisor is the person to call, he'd have called home. People very rarely think straight when in these situations anyway.
If he has a problem with absenteeism then find out why, if he's a waster, then put him on a performance programme, get him to agree to it and manage him out if necessary.
How long would it be to find a replacement and at what cost, both cash and opportunity?
under UK employment law , you need to give the employe a 'reasonable' time after the verbal warning to improve his performance..if no improvement then you progress it to the written warning and if no improvement then you can sack him.
The timeframe is not well defined however 3 months would be considered reasonable to justify the sacking should the employee take his case to a employee tribunal.
Edited to say - don't antagonise him, he may walk out and take you to the tribunal to answer a case for constructive dismissal.
The timeframe is not well defined however 3 months would be considered reasonable to justify the sacking should the employee take his case to a employee tribunal.
Edited to say - don't antagonise him, he may walk out and take you to the tribunal to answer a case for constructive dismissal.
Edited by toby tucker on Sunday 12th October 14:10
Contact Rich here
http://www.pistonheads.com/gassing/profile.asp?mem...
I am sure a brief chat with him will answer your question.
http://www.pistonheads.com/gassing/profile.asp?mem...
I am sure a brief chat with him will answer your question.
toby tucker said:
under UK employment law , you need to give the employe a 'reasonable' time after the verbal warning to improve his performance..if no improvement then you progress it to the written warning and if no improvement then you can sack him.
The timeframe is not well defined however 3 months would be considered reasonable to justify the sacking should the employee take his case to a employee tribunal.
Edited to say - don't antagonise him, he may walk out and take you to the tribunal to answer a case for constructive dismissal.
What is 'reasonable' as a time to improve is not really applicable in this case.The timeframe is not well defined however 3 months would be considered reasonable to justify the sacking should the employee take his case to a employee tribunal.
Edited to say - don't antagonise him, he may walk out and take you to the tribunal to answer a case for constructive dismissal.
Edited by toby tucker on Sunday 12th October 14:10
If his problem is lateness or no-shows, then you don't need a reasonable time for him to comply with that. He is never going to win a tribunal saying that he needed three months to improve that!
My experience of a similar employee was that at the first disciplinary - a verbal one, I brought up his absence rate which was 10% and his lateness rate of 30%.
Fair enough, some of the times it was only late by a few minutes - and I would be a bit more understanding if he had an hours commute by public transport, but this guy rode his own nike for a 15 minute trip.
The day after the verbal warning, he was five minutes late again. He had the letter advising him of his second disciplinary by the time he arrived. He chose to bring forward his disciplinary to an hours time, where after a frank discussion he decided to resign.
In a nutshell, if you have a 'slacker' if once they have crossed the line, you make it clear you are not cutting any more 'slack' and you are doing it by the book, they will choose to find an easier life elsewhere.
Gassing Station | Business | Top of Page | What's New | My Stuff