Clean It Up
UK General Cleaning Forum => General Cleaning Forum => Topic started by: dg-cleaning on September 02, 2007, 08:46:19 pm
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Xxxxx
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You MUST follow correct procedures nowadays, contact ACAS for guidance and be aware that you can be taken to a tribunal as early as the interview stage.
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You have every right to ask for self cert and request a doctors sick note when this runs out.
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Xxxxx
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DG there is no such thing as a stupid question. Better you ask when you don't know. I dont know the answer either so loks like we'll all learn from this one ;D
Stephen
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Xxxxxxxxx
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Do you have a fax number and I will send you a copy of ours.
Can't email it as just provided in hard copy format by consultant who did all our contracts of employment etc.
Its not that complicated really.
Mick
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Useful stuff here;
http://www.hse.gov.uk/sicknessabsence/downloads.htm
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The thing is you must have a disciplinery procedure to follow in the first place :-\
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I think that sounds appropriate.
Maybe when you hold the meeting you should consider giving a verbal or written warning over failure to adhere to health and safety procedures. As this may make her take note and i feel if she still does not listen all you can do is give her another written warning and then dismissal.
I think the procedure is one verbal warning, two written and then dismissal.
Also make sure she signs to say she has received the warnings.
Good luck!
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Hi
I have just updated my code and conduct information for my staff, here is my disciplinary procedure part. Its a bit long, but i hope it helps you.
pasted below.
14. Disciplinary Procedure
Breaches of discipline will be dealt with in accordance with the following procedure:-
If an employee is invited to attend a disciplinary meeting, he/she has the right to be accompanied by a fellow worker or representative and must notify Lisa’s Cleaning Services who the chosen companion will be. The companion will have the right to put the employee’s case, respond on the employee’s behalf and confer during the hearing. The companion can not answer questions on the employee’s behalf, address the hearing if the employee doesn’t wish them to and can not prevent Lisa’s Cleaning Services from explaining our case. The employee also has the right to appeal against the decision.
First Step
Employees will be notified in writing of the nature of dissatisfaction and invited to attend a disciplinary meeting. A verbal warning will be given by an appropriate supervisor or manager, stating the case for dissatisfaction and calling for an improvement within a stated period of time. The warning will be entered on to the Employees record and a copy issued to the Employee.
Second Step
If the required improvement does not occur, or if there is a further breach of discipline, whether of the same or different nature within the specified time frame or in the case of a more serious breach of discipline, Employees will be invited to attend a further disciplinary meeting and issued with a written warning.
Third Step
If the required improvement does not improve, or there is a further breach of discipline, whether the same or of a different nature within a specified time frame or in the case of a more serious breach of discipline Employees will be invited to a further disciplinary meeting and issued with a
Final written warning, which will state that failure to improve, will lead to dismissal.
Instant Dismissal
The employee will be liable to instant dismissal without notice if guilty of gross misconduct or an act of gross negligence. The list below illustrates examples of gross misconduct.
* Theft, any property belonging to the company, clients or employees
* Unauthorised possession, use wastage or removal of any property belonging to company, clients or employees.
* Wilful damage to any property belonging to company, client, employee
* Being under the influence of alcohol, or drugs
* Knowingly Smoking in an out of bounds area
* Violence or threats of violence
* Falsification of any documents relating to the Employees application, or the company, including timesheets, log sheets, expense claims etc.
* Any action which is in serious breach of health and safety procedures or which causes a risk or puts a person or property in danger.
* Disclosure of confidential information without authority.
* Wilful disobedience to a lawful order from the company
* Failure to provide a satisfactory explanation for any cash, stock or equipment damage or loss, or discrepancies what so ever in respect of which the employee is or may be reasonably considered to be responsible whether solely or together with others.
* Abuse of any timekeeping procedure
* Not returning keys at the end of the shift
* Deliberate acts of discrimination, bullying, violation of dignity, harassment causing hostile environment, on the grounds of disability, age, sex, race, sexual orientations, religion belief or marital status.
* A serious complaint from a customer about the conduct or performance of the employee.
* A serious complaint from a colleague / Supervisor / Manager about the conduct or performance of the employee.
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I am NOT touting for business here, but Peninsula greatly assisted us recently when an employee took us to a tribunal.
Had I known about them beforehand I wouldn't have been such a smart ass in writing to the employee, ignoring her unions letters or dealing incorrectly with ACAS.
This would have saved having to make a payment to a nasty little specimen, the payment being necessary to stop going through the full tribunal process and there would have been no payment had I known how to deal with the situation.
The cost of Peninsula is low and they have taken our Employee Manual and completely updated same adding a great deal of useful and up to date info.
Today we have received a notification from Peninsula concerning new legislation............
Increases to the statutary minimum annual leave entitlement which come into effect on Oct 1st and requiring our URGENT ACTION
What we were told was do not take any disciplinery action before talking to Peninsula first thus avoiding the ever growing minefield.
You are in the fortunate position of being able to take control at the earliest stage whereas I thought I was in control and trusted honesty and common sense to be in our favour ??? ???
www.peninsula-uk.com 0161 834 2776
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Louisa take a look at our "Employment Handbook",
http://www.cleanitup.co.uk/smf/index.php?action=dlattach;topic=24782.0;id=3833
Covers things like this!
Regards,
Rob
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I have two members of staff who constantly take time off because children are sick and it averages out to 5 days per cleaner per month with no warning in advance that little "tommy has earache" and cannot go to school etc, I spoke to acas today about it and they have advised me that my employees can time off for looking after children, I asked what is a reasonable limit per month and was told there is no limit, so how can I put in a disicplinary procedure for absence, when they can take as much time off as they want? also I cannot sack them because they take time off work on a regular basis, but all my older ladies are getting fed up with covering thir shifts,, any suggestions.
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Keybrite
Find something else to pull them in on, make something up if necessary! Have they been with you a year? If not you can dismiss them with no reason what so ever, do a search on here I have given advice previously on dismissing staff before one years service, it may help.
Fox
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I'm afraid if you get involved in fabrication and deceipt you will just dig a hole for yourself and you could end up in court, with more than your credibility dented.
We have been members of Trade associations for years and the one I mentioned above has been absolutely fantastic.
We have reams of Policies, Rules, Descriptions, Manuals, etc
Peninsula restructured them and updated everything and the cost is very low.
Angie
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Angie
Are you sure you don't work for peninsula? Maybe your on commision! ;)
Federation of small businesess are very good and have 24 hr legal help lines low cost membership and other benefits too.
Fox
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Angie
Are you sure you don't work for peninsula? Maybe your on commision! ;)
No Fox, she already said that. Looks like they dug her out the crap once and she realised what a good outfit they are. I know how she feels as i feel the same abount businesses who were able to assist me in my hour of need.
Stephen
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Whenever dealing with staff there are procedures to follow, yes its going to cost money to put these procedures in place, and keep up with relevant changes in legislation.
However, this cost is outweighed by the security that you gain, it is very easy to lose a tribunal, even without trying, common sense does not always prevail.
Taking on any member of staff is not something you should undertake without putting all policies and procedures in place first, after taking advice from experts in this field, the days of winging it, and taking it for granted that most people play fair are over.
The above not only relates to employment procedures and law, but also, Health & Safety, especially now that corp manslaughter is on the statute books.
I also agree with Clean, on no account should you fabricate any information or problem, a legal minefield!
Keybrite, there should be a clause under the heading of "Time Keeping & Absence" in your written terms and conditions of employment.
Regards,
Rob