Problem employee
Author
Discussion

shirepro

Original Poster:

11,838 posts

264 months

Monday 4th April 2005
quotequote all
About 12 months ago one of my main competitors went bust (hooray) which meant all of their staff were looking for new jobs.

They had one fantastic employee who I had been watching for a few years, hoping he would jump ship but they always managed to persuade him to stay. Although he was tough to work with and to supervise he always seeemed to pull off the big deal at the right time.

When he applied to come and work for us he produced an excellent application detailing all of his successes, but it emerged that he also had a chequred past with his old comapny that everyone seemed to know about, but which the previous company tolerated as he was such a great performer. He had a drugs conviction (cannabis) and had als been dragged in front of our regulatory body on more than one occasion and suffered disqualification from working and various fines, for behaviour which included being violent to competitors in front of prospective customers. He had been charged by the police on more than one occasion for violent behaviour.

Despite all of this I snapped him up and he has done well at work. However, last week after some silly argument at work he punched a co-worker, again infront of customers. It has been all over the local press.

He is good, but I am begining to regret I ever tok him on.

What would you do?












Graham Souness

angrys3owner

15,855 posts

258 months

Monday 4th April 2005
quotequote all
Simple - Sack him... can't let people get away with these kind of things... that bloody footballer should be sacked too!

Gaffer

7,156 posts

306 months

Monday 4th April 2005
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Depends if he is under contract or just still on a trial I suspect.

No need for violence in the workplace under any circumstances.

No doubt someone with more employemnt law knowledge will give you more information.

Good Luck....

Claire

Jinx

12,018 posts

289 months

Monday 4th April 2005
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Gross misconduct in pretty much any company except the sports arena and the armed forces.

angusfaldo

2,831 posts

303 months

Monday 4th April 2005
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If you don't discipline him appropriately then you are condoning his behaviour and sending completely the wrong messages to your customers and employees.

He is putting your business at risk. Whatever he is capable of bringing you by way of profit and income, that is nothing compared to the potential downfalls of keeping him on the payroll.

Offload him pronto!

vixpy1

42,699 posts

293 months

Monday 4th April 2005
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I would sack him instantly.. on the spot.

2 Smokin Barrels

31,993 posts

264 months

Monday 4th April 2005
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The "about" a year could be critical. 51 weeks, sack him on the spot. 52 weeks: go through the correct procedure to sack him!

2 Smokin Barrels

31,993 posts

264 months

Monday 4th April 2005
quotequote all
..or just sack him & wait to see what happens!

cymtriks

4,561 posts

274 months

Monday 4th April 2005
quotequote all
Off load.

It's not a one off otherwise I wouldn't say that. It's not even rare by the sound of things in which case I might still say keep him if he's good. In fact this guy sounds a regular trouble maker.

Sooner or later he'll cause you much more trouble than he's worth. Supposing your thumped employee calls the police next time? Supposing he claims constructive dismissal? Supposing someone with a grudge finds some canabis on YOUR site and calls the police or the papers to get even?

Some business contacts have long memories. Keep him and you might have to face hearing jibes about running a fight club or a drugs den years from now.

When he worked for someone else you saw the deals he made and noted it when you didn't make them. Now you're seeing the other side of him.

IMHO get rid of him.

nonegreen

7,803 posts

299 months

Monday 4th April 2005
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This is an act of gros misconduct. It is always summary dismissal. The only way he should get away with it is if he did not do it. You are failing in your duty your other staff if you do not dismiss him. If you did not witness the assault then you must suspend him on full pay and investigate. Call him for a disciplinary meeting and dismiss him. If the other employee decides to report him to the police you must also support them as far as you can.

A very similar event happened to me a few years ago when a report assaulted a customer. This can turn very nasty for you and your firm unless you get out from under this guy fast.

Big_M

5,602 posts

292 months

Monday 4th April 2005
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This bloke has got to go. Do nothing and you will soon start to lose all your other employees as they will be seriously pissed off that 'teacher's pet' is allowed to ride roughshod. Just because someone is good at their job doesn't mean you can let them get away with ABH on a fellow employee.

judas

6,234 posts

288 months

Monday 4th April 2005
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cosmoschick

7,977 posts

278 months

Monday 4th April 2005
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Gross Misconduct should be relatively straightforward. An employment contract usually defines what is acceptable behaviour in the workplace and employees abide by that. To commit an act of Gross Misconduct is to breach that contract and therefore is a sackable offence.

bruciebabie

895 posts

265 months

Monday 4th April 2005
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This is what is known as a Loose Cannon. You really have no idea what he is going to do next. There is something very wrong with his value set. This fundemental flaw has shown itself in his behaviour repeatedly and will continue to do so. The problem is that the next incident may be many times worse. So you are left with 2 options, sack him and replace him with someone better balanced or send him to someone who can sort out his head, this second option may not work and even if it does you will still be in constant fear of regression.

Trooper2

6,676 posts

260 months

Monday 4th April 2005
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If/ when you do fire him try to get a no tresspass warrant against him. If his temper is that bad you DON'T want him coming back to your place of business,ever.

>> Edited by Trooper2 on Monday 4th April 21:40

tinman0

18,231 posts

269 months

Monday 4th April 2005
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Sack him. He has no recourse in employment law for assault on another member of staff.

puggit

49,789 posts

277 months

Monday 4th April 2005
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Is it just me and Judas that understand this?

DrSeuss

323 posts

290 months

Monday 4th April 2005
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puggit said:
Is it just me and Judas that understand this?


No it isn't!

406

3,636 posts

282 months

Monday 4th April 2005
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I take it it is a Black & White case for dismissal.

zaktoo

1,401 posts

269 months

Monday 4th April 2005
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Hell, I'm not even in the UK or a f....... f.. and I get it :P

Ciao

Zak