Problem Employee
Discussion
Member of staff has been employed for 5 months.
They have had 20 days off with different illnesses and 5 other days off in this time.
They didn't come in today and didn't bother to ring us to tell why.
Will there be any legal problems with me telling them not to bother coming in anymore?
They have had 20 days off with different illnesses and 5 other days off in this time.
They didn't come in today and didn't bother to ring us to tell why.
Will there be any legal problems with me telling them not to bother coming in anymore?
I think no problems as they have been working for less than a year.
Just found the below on business link site....
Ending employment because an employee's sickness absence or poor performance is impacting your business does not mean that you are making any judgement on their honesty or commitment. However, you must still follow a fair procedure and act reasonably.
You should write to the employee informing them why and when you propose to end their employment.
You should schedule a meeting with the employee to discuss their possible dismissal and advise them of the date and time. You should:
give the employee reasonable notice
arrange the meeting at a reasonable time and location
Before the meeting takes place, you should also:
Advise the employee that they are entitled to be accompanied at the meeting.
Provide the employee and/or their representative with copies of any documents or other materials you intend to use. You should do this as far in advance of the meeting as possible.
The employee can ask for the meeting to be rescheduled if unforeseeable circumstances arise after the meeting has been arranged, eg if they fall sick. If they repeatedly fail to attend rearranged meetings, you may make a decision without holding a meeting at all.
At the meeting you should explain why and when you are considering ending the employment and listen to any questions or objections the employee has.
After the meeting you should decide whether or not the dismissal is justified and confirm your decision to the employee in writing and inform them of their right to appeal. You should set a deadline for the employee to lodge an appeal, eg within five working days of the date they received confirmation of your decision.
Just found the below on business link site....
Ending employment because an employee's sickness absence or poor performance is impacting your business does not mean that you are making any judgement on their honesty or commitment. However, you must still follow a fair procedure and act reasonably.
You should write to the employee informing them why and when you propose to end their employment.
You should schedule a meeting with the employee to discuss their possible dismissal and advise them of the date and time. You should:
give the employee reasonable notice
arrange the meeting at a reasonable time and location
Before the meeting takes place, you should also:
Advise the employee that they are entitled to be accompanied at the meeting.
Provide the employee and/or their representative with copies of any documents or other materials you intend to use. You should do this as far in advance of the meeting as possible.
The employee can ask for the meeting to be rescheduled if unforeseeable circumstances arise after the meeting has been arranged, eg if they fall sick. If they repeatedly fail to attend rearranged meetings, you may make a decision without holding a meeting at all.
At the meeting you should explain why and when you are considering ending the employment and listen to any questions or objections the employee has.
After the meeting you should decide whether or not the dismissal is justified and confirm your decision to the employee in writing and inform them of their right to appeal. You should set a deadline for the employee to lodge an appeal, eg within five working days of the date they received confirmation of your decision.
I was thinking that what happened today was grounds for instant dismissal.
I don't want them to come back to work because it will cause friction with other staff who are rightly getting pissed off covering for them.
Maybe the best way is to suspend them on pay til the meeting then. Very annoying.
I don't want them to come back to work because it will cause friction with other staff who are rightly getting pissed off covering for them.
Maybe the best way is to suspend them on pay til the meeting then. Very annoying.
If they've only been there 5 months what's the probationary period in their contract?
We usually set 6 months for scenarios such as this - you can get rid without giving a reason iirc. Obviously you would have to pay them whatever their notice period is, again probation period is often only a week.
If they're out of probation then you'll have to go through whatever your companies disciplinary process is and document it. Using time off sick could be a bit sketchy though, although failing to call in should certainly warrant it.
This is just my understanding from experience, as others have said - get some proper advice!
We usually set 6 months for scenarios such as this - you can get rid without giving a reason iirc. Obviously you would have to pay them whatever their notice period is, again probation period is often only a week.
If they're out of probation then you'll have to go through whatever your companies disciplinary process is and document it. Using time off sick could be a bit sketchy though, although failing to call in should certainly warrant it.
This is just my understanding from experience, as others have said - get some proper advice!
You can just dismiss them.
First and foremost they have been absent from work without permission, that is gross misconduct and can warrant instant dismissal in it's own right.
But in addition they are under 12 months service so you can dismiss them anyway without fear of recourse to tribunal.
The only way you could have an issue is if the absence is pregnancy or disability related. But if it is all minor stuff and not pregnancy related then dismiss.
First and foremost they have been absent from work without permission, that is gross misconduct and can warrant instant dismissal in it's own right.
But in addition they are under 12 months service so you can dismiss them anyway without fear of recourse to tribunal.
The only way you could have an issue is if the absence is pregnancy or disability related. But if it is all minor stuff and not pregnancy related then dismiss.
Edited by siscar on Thursday 30th April 03:46
What do his/her terms of employment say about sickness?
I don't think it will come to that because of the short time that they have worked there. But maybe in future it would benefit all the hard workers (and company of course), that if an employee keeps taking the odd one or two days off, they will be disciplined and/or will not receive sick pay.
I don't think it will come to that because of the short time that they have worked there. But maybe in future it would benefit all the hard workers (and company of course), that if an employee keeps taking the odd one or two days off, they will be disciplined and/or will not receive sick pay.
Some of teh posters are right - but the Business Link website quote is a bit out of context as I suspect it refers to regulations repealed 24 days ago
You can dismiss an employee with less than 12 month service on the grounds of lack of capability caused by poor health and you don't need to go through a warning process unless you believe their performance is capable of being improved to your standards
They can only, during the first year, take you to tribunal if they believe you dismissed them for an automatically unfair reason. So - what might they claim, - discimination on the grounds or race, gender and marital status, religeon or belief, pregnancy ( but you have to know!) and a few others which aren't likely to be relevant here ( unless they've tried to start a Trade Union!)
It should be in your rules that failing to ring in to notify sickness is usually a disciplinary offence so there's a second issue here to do with the employee's conduct.
If you are satisfied with the above I would write to the individual terminating their employment and enclosing their final pay and P45. If you prefer to do this in a meeting it will give them the chance to remove their personal effects from your workplace and avoid later acrimony when they come to collect.
You can dismiss an employee with less than 12 month service on the grounds of lack of capability caused by poor health and you don't need to go through a warning process unless you believe their performance is capable of being improved to your standards
They can only, during the first year, take you to tribunal if they believe you dismissed them for an automatically unfair reason. So - what might they claim, - discimination on the grounds or race, gender and marital status, religeon or belief, pregnancy ( but you have to know!) and a few others which aren't likely to be relevant here ( unless they've tried to start a Trade Union!)
It should be in your rules that failing to ring in to notify sickness is usually a disciplinary offence so there's a second issue here to do with the employee's conduct.
If you are satisfied with the above I would write to the individual terminating their employment and enclosing their final pay and P45. If you prefer to do this in a meeting it will give them the chance to remove their personal effects from your workplace and avoid later acrimony when they come to collect.
Jasper Gilder said:
It should be in your rules that failing to ring in to notify sickness is usually a disciplinary offence so there's a second issue here to do with the employee's conduct.
.
+1 and more:.
It is a clear and fundamental breach of contract. If you are sick and feel that you cannot perform your obligations of coming to work you need to explain this to your employer. Otherwise, you are in breach.
I've been in the same situation. ALWAYS give new employees a probationary period. I do a 3 month one, and if there are any issues give them a second 3 month one and explain why. Perfectly legal and covers your arse.
When this happened to me I sat the guy down and spoke to him about absence and lateness with the facts. He was 2 months into the probationary period. He was late the next day and I just levelled with him and told him that due to his conduct I will not be able to extend the contract at the end of three months and to save an awkward situation I suggested we end his employment today on reasonably good terms rather than thrash out and waste more weeks. He accepted.
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