Problem employee
Discussion
Hi folks,
I'm hoping you someone may have some advice for me with a situation I find myself in. My wife and I own a small hair salon (trading for the last 7 years, two staff plus my wife who runs it. I do not work in the salon.) during which time we have had some excellent members of staff with a low staff turnover. Alas we find ourselves in a position where we have a troublesome employee who we would prefer did not work for us but are concerned about the legal implications of removing them from our business.
The issue is not with performance but general attitude. For example, my wife has been away for three months due to the birth of our child (popping in on Saturdays to make sure all is well etc) having returned, her clients are keen to make the move back to her. This employee is making an issue of this and trying to guilt clients into staying with her and raising the issue of my wife "stealing back her clients" in an aggressive and rude manner. She has also enrolled in a college course without consulting with us, simply telling us how many hours she will need off without consulting with us first. We reached a compromise but it's the way this is done that concerns us. What brought this to a head is that we are not having a Christmas do this year due to our newborn and being a small business (we will do something in the new year). Last night she took to Facebook to moan about this. Having picked up on it, her attitude was unacceptable.
I'm looking to have a meeting with her this week to give her the opportunity to address her attitude, pick up her performance and get on with it, or leave but i'd like to have the option to dismiss her if her attitude in not appropriate.
she has been with us for under two years which I believe helps our case if we have to let her go but am still nervous of the legal implications.
This is not something I enjoy, we've always worked on the principle that if staff work hard, we make it a nice place to work. Taking away someones livelihood is a terrible thought but I can't allow her to destroy our business.
Any advice?
Many thanks in advance.
I'm hoping you someone may have some advice for me with a situation I find myself in. My wife and I own a small hair salon (trading for the last 7 years, two staff plus my wife who runs it. I do not work in the salon.) during which time we have had some excellent members of staff with a low staff turnover. Alas we find ourselves in a position where we have a troublesome employee who we would prefer did not work for us but are concerned about the legal implications of removing them from our business.
The issue is not with performance but general attitude. For example, my wife has been away for three months due to the birth of our child (popping in on Saturdays to make sure all is well etc) having returned, her clients are keen to make the move back to her. This employee is making an issue of this and trying to guilt clients into staying with her and raising the issue of my wife "stealing back her clients" in an aggressive and rude manner. She has also enrolled in a college course without consulting with us, simply telling us how many hours she will need off without consulting with us first. We reached a compromise but it's the way this is done that concerns us. What brought this to a head is that we are not having a Christmas do this year due to our newborn and being a small business (we will do something in the new year). Last night she took to Facebook to moan about this. Having picked up on it, her attitude was unacceptable.
I'm looking to have a meeting with her this week to give her the opportunity to address her attitude, pick up her performance and get on with it, or leave but i'd like to have the option to dismiss her if her attitude in not appropriate.
she has been with us for under two years which I believe helps our case if we have to let her go but am still nervous of the legal implications.
This is not something I enjoy, we've always worked on the principle that if staff work hard, we make it a nice place to work. Taking away someones livelihood is a terrible thought but I can't allow her to destroy our business.
Any advice?
Many thanks in advance.
I'm not a lawyer, but they're like buses in this place, so give it an hour or two. 
Less than two years makes a very big difference - there can be no claim for unfair dismissal. Just to confirm, you pay her a wage and do everything as an employee, rather than some sort of self-employed lark? I know that's not uncommon for hairdressing.
Potential grounds for claiming unfair dismissal with less than two years' service are limited to discrimination on certain protected grounds, none of which I believe would be especially applicable here. You can google them but it's the typical list of discrimination type stuff.
IMO Have the meeting, but be firm. Give her an ultimatum, but make sure that it's nothing vague or wishy-washy - "Be nicer" can't be measured, pick something that can - and give her a deadline (that ends before the 2 years are up) by which to get it sorted. If and when she doesn't, it's P45 time.
Less than two years makes a very big difference - there can be no claim for unfair dismissal. Just to confirm, you pay her a wage and do everything as an employee, rather than some sort of self-employed lark? I know that's not uncommon for hairdressing.
Potential grounds for claiming unfair dismissal with less than two years' service are limited to discrimination on certain protected grounds, none of which I believe would be especially applicable here. You can google them but it's the typical list of discrimination type stuff.
IMO Have the meeting, but be firm. Give her an ultimatum, but make sure that it's nothing vague or wishy-washy - "Be nicer" can't be measured, pick something that can - and give her a deadline (that ends before the 2 years are up) by which to get it sorted. If and when she doesn't, it's P45 time.
Performance Improvement Plan would be my tool of choice to shift her.
Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score. Each area that she will be evaluated on must SMART (specific, measurable, achievable, realistic, and time bound)
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score. Each area that she will be evaluated on must SMART (specific, measurable, achievable, realistic, and time bound)
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
SirBlade said:
Performance Improvement Plan would be my tool of choice to shift her.
Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score.
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
...alternatively if you've run out of love tell her to get her coat and do oneDocument clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score.
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
2 sMoKiN bArReLs said:
SirBlade said:
Performance Improvement Plan would be my tool of choice to shift her.
Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score.
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
...alternatively if you've run out of love tell her to get her coat and do oneDocument clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score.
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
davepoth said:
2 sMoKiN bArReLs said:
SirBlade said:
Performance Improvement Plan would be my tool of choice to shift her.
Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score.
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
...alternatively if you've run out of love tell her to get her coat and do oneDocument clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score.
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
desolate said:
Performance improvement plan just simply not required if under 2 years.
If you've made your mind up, just bit the bullet, tell her and give her the money for her notice on the way out.
Just make sure it is under 2 years since she started.
Including statutory notice period.If you've made your mind up, just bit the bullet, tell her and give her the money for her notice on the way out.
Just make sure it is under 2 years since she started.
As long as there is no discrimination possibility you are on fairly safe ground to do what your head & heart tells you is best
SirBlade said:
Performance Improvement Plan would be my tool of choice to shift her.
Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score. Each area that she will be evaluated on must SMART (specific, measurable, achievable, realistic, and time bound)
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
which is the classic 'managed out' route for any kind of setting where the problem worker is an employee ... Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score. Each area that she will be evaluated on must SMART (specific, measurable, achievable, realistic, and time bound)
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
mph1977 said:
SirBlade said:
Performance Improvement Plan would be my tool of choice to shift her.
Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score. Each area that she will be evaluated on must SMART (specific, measurable, achievable, realistic, and time bound)
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
which is the classic 'managed out' route for any kind of setting where the problem worker is an employee ... Document clearly what the issue is, have a meeting to discuss with her.
Give her three months to get her attitude and hair styling abilities together.
Each week, spend one hour with her (not a minute less) and give her an honest score, i.e. if she is improving, happy days, if not, give a negative score. Each area that she will be evaluated on must SMART (specific, measurable, achievable, realistic, and time bound)
At the end of the 12 sessions, you have a paper load that legally demonstrates you tried your best to fix this particular cog.
You are also heavily armoured against any possible legal come back from the ambulance chaser she will inevitably hire, in vain.
)mattrg said:
Thankyou for all of the advice so far folks. I'm reading and taking in the various viewpoints.
I've certainly got some thinking to do before Wednesday when the meeting is set for.
Good luck..it's never easy (and I've sacked/made redundant probably more than 1,000 people), but also seen many come to the party with positive attitude change.I've certainly got some thinking to do before Wednesday when the meeting is set for.
If there is any way to shuffle the appointments till Xmas eve when it will then go very quite then show her the door tomorrow morning!
Don't give her time to tell clients she is going mobile working from home etc by letting her work her notice!
You will enjoy your Xmas lunch better with her gone!
Don't give her time to tell clients she is going mobile working from home etc by letting her work her notice!
You will enjoy your Xmas lunch better with her gone!
Granfondo said:
If there is any way to shuffle the appointments till Xmas eve when it will then go very quite then show her the door tomorrow morning!
Don't give her time to tell clients she is going mobile working from home etc by letting her work her notice!
You will enjoy your Xmas lunch better with her gone!
A very good point. I actually think she believes she is going to be the one issuing ultimatums on Wednesday (part of the issue) so we should be clean on that front. Don't give her time to tell clients she is going mobile working from home etc by letting her work her notice!
You will enjoy your Xmas lunch better with her gone!
If we decide to let her go then I would pay notice rather than let her work it. As you say, less time to badmouth the business.
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