[JJdomestics]

Hi all,

I'm really not having a good week. One of our members of staff is being very horrible. her attitude is really bad and every comment I make I get the reply "whateva". She is making our working life miserable and there is nothing I can do about it. My business partner has now been put off employing new staff due to the rough time we are having with our other lady. Jobs are coming every day and I'm having to turn them away! Any advice on how to resolve this situation would be great.

Thanks

[Simon H]

Hi

How long has this member of staff worked for you and is this a change in her attitude or has she always been like this

Sy

[allergease]

This is your business and you need to react pretty quick to nip this in the bud. This ladys attitude is unacceptable and merits disciplinary action. I believe that you need to speak to her, in private away from other staff members, informing her that you have noticed a change in her attitude, is there anything that is troubling her ? is there anything that you can do to help her ? Explain that you do not wish to lose her as an employee however you need to see an immediate change in her behaviour. Tell her that although the conversation is verbal you will record the date, time and content of the conversation and keep a copy of it in her employee records. Obviously if things do not improve then a written warning would very soon follow, then dismissal.
Best of luck,
Conrad

[lynngc]

i can only back up what conrad has suggested.

it's your business, don't turn work away.

who's running the company?

you or her?

chin up

lynn

[Art]

Why don't you just sack her?

[AJCleaningServices]

Why don't you just sack her?

You can suck person for gross misconduct, but according to JJdomestics explanation, the issue is misconduct.

Hi

How long has this member of staff worked for you and is this a change in her attitude or has she always been like this

Sy

In addition to Simon H question, I would like to ask whether the employee has got a contract or a Statement of terms and conditions of employement together with Grievance and Dismissal and Disciplinary Procedure.  This is very important, because during first two months of employement (not later) an employer must provide an employee with terms and conditions of employement.

JJdomestics, I would suggest you to follow the procedure explained by Conrad:

This is your business and you need to react pretty quick to nip this in the bud. This ladys attitude is unacceptable and merits disciplinary action. I believe that you need to speak to her, in private away from other staff members, informing her that you have noticed a change in her attitude, is there anything that is troubling her ? is there anything that you can do to help her ? Explain that you do not wish to lose her as an employee however you need to see an immediate change in her behaviour. Tell her that although the conversation is verbal you will record the date, time and content of the conversation and keep a copy of it in her employee records. Obviously if things do not improve then a written warning would very soon follow, then dismissal.
Best of luck,
Conrad

however, I would strongly advice you to seek a legal advice to make sure that you run things in a correct way.

Good luck,

Arthur

[Phoenix]

First things first:

Do you have a Company Diciplinary Procedure?

Has the employee signed a contract or Terms and Conditions of Employment?

Has she worked for you for more than 12 months?

Always, Always Seek advice from ACAS.

I've had a couple of these instances in the last two years, there are ways and means to sack employees lawfully

Good Luck

[*Chris Browne]

quick phone call to acas, they are pretty helpfull and will advise you on what you can and what you cant do .

chris

www.scsf.co.uk

[AJCleaningServices]

Why don't you just sack her?

You can suck person for gross misconduct, but according to JJdomestics explanation, the issue is misconduct.

Just would like to make myself clear:  
You can suck an employee with an immediate effect in case of gross misconduct, otherwise there is a procedure to follow (similar to that which has been given by Conrad), to avoid any legal challenges from the employee side.

However, I would again strongly advice you to seek a legal advice to make sure that you run things in a correct way.

Good luck,

Arthur

[AJCleaningServices]

ACAS is an organisation devoted to preventing and resolving employment disputes, here is the link: http://www.acas.org.uk/

[Art]

Just to clarify my earlier post i was looking for jj to come back with more facts, as her origional post didn't really state the ins and outs of  employment, action taken so far etc..., so therefore hard to give advice   

[clifford]

i find that it is hard to find good cleaning staff these days!so if this lady is a good cleaner try and discuss things  with her sometimes this is all it takes she must have a reason why she has changed


cliff

[gaza]

THE NEXT TIME SHE SAYS WHAT EVER JUST REPLY WHATEVER WAT.
I WOULD TELL SOME FRIENDS TO BOOK A CLEAN,SEND HER TO THEM,
GET THEM TO COMPLAIN IN WRITING,GIVE HER A WARNING ETC FOUR WARNINGS AND SHES OUT OF YOUR LIFE WHATEVER
    WHAT EVER

 GAZA

[JJdomestics]

Hi

I'm sorry I haven't been on for a few days. She has signed a written statement of employment. She has worked for us since september and her attitude has changed since she has started or perhaps this is her real p[ersonality showing through. I have had a word and asked if there is anything troubling her as I have noticed a change in attitude towards me. I also said that if there is something wrong then to come to me or my business partner and we will do our best to help. She said that nothing was wrong and she is perfectly happy. She is showing herself to be a very devious person who enjoys making a problem for me. I have phoned acas and they have said that I can't sack her yet and to folow the warning route. Another option I was think of was redundancy. If she looses another client for us, which given  time she will, then we can  not offer her 16 hrs she needs for tax credit. I know  I am coming across as horrible but believe me thie is one nasty piece of work.I know I would have to give her 1 weeks notice but can she still clain redundancy money from us?

[Paul Coleman]

Hi

I'm sorry I haven't been on for a few days. She has signed a written statement of employment. She has worked for us since september and her attitude has changed since she has started or perhaps this is her real p[ersonality showing through. I have had a word and asked if there is anything troubling her as I have noticed a change in attitude towards me. I also said that if there is something wrong then to come to me or my business partner and we will do our best to help. She said that nothing was wrong and she is perfectly happy. She is showing herself to be a very devious person who enjoys making a problem for me. I have phoned acas and they have said that I can't sack her yet and to folow the warning route. Another option I was think of was redundancy. If she looses another client for us, which given  time she will, then we can  not offer her 16 hrs she needs for tax credit. I know  I am coming across as horrible but believe me thie is one nasty piece of work.I know I would have to give her 1 weeks notice but can she still clain redundancy money from us?

I don't know about the rest of it but an employee has to be employed by a company for two years or more to qualify for redundancy pay. However, another issue could be if she claims unfair selection for redundancy (this is usually the equivalent of unfair dismissal.).  In view of the short length of time she has worked for you, would I be correct in believing that she is the shortest serving employee (from your original post, it looked like she may be your only employee which could simplify things)? Also, if you are worried about her messing the job about while on notice, it may be better to swallow and pay her the appropriate money in lieu of notice and let her go straight away.  People can do a lot of damage while working their notice period.

[Fox]

You can actually dismiss this employee without any specific explaination to her.  You need to write to her inviting her to a dismissal meeting, tell her in the letter that you believe her working practices leave your company with no other option but to consider dismissal and she can bring a representative along with her to the meeting.

At the meeting tell her that you are not happy with her general conduct (you don't need to elaborate) and therefore are considering dismissal.  Let her have her say about her behaviour,break off, call her back for your decision - dismissal.

The only things to watch for are:

Is she currently using the  grievience procedure
Can she claim discrimination
Is she about to or in the near future going to take maternity leave or parental leave
Is she approaching her 12month employment period (which you have said she isn't)

Because she has not worked for you for more than a year you can dismiss this employee with relative ease as she is causing you problems and may/has lost you clients.  She can not claim unfair dismissal unless it falls within one of the above catagories.

The only thing to get past now is whether you can do it or not, close your eyes and imagine how bad things are, can it stay like that?  Now think about the hours stress at a meeting to get rid of this long term problem and the feeling after when you don't have to face each day wondering what mood she is in.  Which is it to be?  Be strong if she is holding you back get rid, don't think about feelings just do it.

[Fox]

Nearly forgot - you must give the amount of notice to her that is in her contract, if you don't want her to stay then you must pay her this amount.

[CMS]

Hi

I'm sorry I haven't been on for a few days. She has signed a written statement of employment. She has worked for us since september and her attitude has changed since she has started or perhaps this is her real p[ersonality showing through. I have had a word and asked if there is anything troubling her as I have noticed a change in attitude towards me. I also said that if there is something wrong then to come to me or my business partner and we will do our best to help. She said that nothing was wrong and she is perfectly happy. She is showing herself to be a very devious person who enjoys making a problem for me. I have phoned acas and they have said that I can't sack her yet and to folow the warning route. Another option I was think of was redundancy. If she looses another client for us, which given  time she will, then we can  not offer her 16 hrs she needs for tax credit. I know  I am coming across as horrible but believe me thie is one nasty piece of work.I know I would have to give her 1 weeks notice but can she still clain redundancy money from us?

If she's only been with you for six months she has no facility to go to a tribunal (apart from one or two exceptions which don't count here).

I would give her a weeks notice and get rid!

[blacksheep]

hi, i got to say KEEP HER AWAY from other staff, i have had staff like this and their like cancer that goes through the whole team, the keep picking and bitching and its like a diomino effect and if you let her take control you will wish you did not worrie about her feelings get rid, why do they moan if their not happy. just leave!

[busydaffodil]

I know that you can terminate employment without reason for an employee employed for less than 2 years.   Be careful though, you cannot employ someone else to fill that position for some time (think it is 6 months)

You say she lost you a customer.   Verbal warning No 1

Bad attitude   Written Warning No 2

Bad attitude   Written warning no 3 and dismissal

Again, acas know it all.