[Dawn03]

Even with no formal contract in place it would be considered that he was an employee.  With regard to statutory sick pay he wouldn't be eligible for this as he didn't notify you within 7 days (see HMRC website:  http://www.hmrc.gov.uk/payerti/employee/statutory-pay/ssp-overview.htm).  If he has had no warnings prior to this incident I would issue a written warning stating that he went off sick with no notice on (date), he didn't make any attempt to contact you for 2 weeks and first contact was on X when he requested sick pay.  You do not pay company sick pay as as he did not follow the correct procedure for statutory sick pay he is ineligable to receive this (find a SSP1 form on HMRC website, fill this in to say he isn't eligable and sent with the written warning).  The correct procedure is that he must inform you by (either your own time limit or the 7 days indicated by HMRC) and that he should have filled in an SC2 form.  Tell him this is his last warning and any further behaviour will result in a final warning which may lead to dismissal. 
I'd also recommend getting a company procedures handbook in place asap.  ACAS has a template which is really good, just fill in your details and amend as you need to.  If you need any further help drop me an email. 
It's unlikely the guy will take it further, you can `get shot` within a year with pretty much no problem but it's always best to make sure you have to correct paperwork in the background just in case. 

Good luck.

Dawn

[KS Cleaning]

Update: I phoned ACAS today and following their advice I am now going to terminate the employment of employee, giving one weeks notice, all holiday entitlement has already been paid. He can't go to tribunal as he hasn't been employed for 2 years by me. I phoned employee to tell him of my decision, and that the decision was based on him not informing me he was going to be absent from work, and he seemed ok with it. I think it's now unlikely he will try to pull a fast one as I gave him other dates that he failed to turn up for work,  he also agreed that I told him to carry only the amount of water he felt comfortable carrying. I now believe this will be the end of the matter.  Thanks folks

[Richard iSparkle]

Update: I phoned ACAS today and following their advice I am now going to terminate the employment of employee, giving one weeks notice, all holiday entitlement has already been paid. He can't go to tribunal as he hasn't been employed for 2 years by me. I phoned employee to tell him of my decision, and that the decision was based on him not informing me he was going to be absent from work, and he seemed ok with it. I think it's now unlikely he will try to pull a fast one as I gave him other dates that he failed to turn up for work,  he also agreed that I told him to carry only the amount of water he felt comfortable carrying. I now believe this will be the end of the matter.  Thanks folks

Good work!

[david mark]

Contact acas you will get free help and advise you pay nothing for there help he will be be advised to do the same ,it will take around 2 weeks for them to contact you they are whats called the middle man arbitrator I employed a good friend for 3 years we had a argument over holidays he told me to stuff the job.Even thow it was not my fualt I still had to pay hime 1 weeks wages for every year he worked The law has changed since june/2013 verbal contract are the same as written by the way

[CLEANCARE WC]

Send the recorded letter in a parcel/small box that way if he is not home the post office calling card will say parcel rather than letter and he will definitely collect through curiosity

[telfordwindowclnr]

I put a thread on here a while ago about Peninsula employment law company. I was advised not to use them, mainly down to the cost. However, I THOROUGHLY did my homework and signed up with them anyway. Cost is not a major factor when it comes to your business. Protecting your business is worth every penny, including the money I will be spending with Peninsula. I thought I ran two professional companies before, they have opened my eyes to see I was falling way short though.

I took on my first employee in April 2013. I didn't know I was legally obliged to provide him with a contract within 6 weeks of the beginning of his employment. Peninsula have now drawn up a bespoke 42 page contract for each of my companies, covering a plethora of subjects such as holiday pay, how to dismiss LEGALLY, mobile phone, alcohol, drug, vehicle, anti-bribery policies and a whole lot more. I KNOW that providing I play it by the book, I am now covered in every way. My employees are now protected in every way from me abusing them as an employer too, so it is excellent for both parties. My lads all signed their contracts last week, no problem.

Is Peninsula's service cheap? No. But they offer excellent add-on services for employers and employees too. If this sort of thing happens to me, I have signed, written procedures in place now. I know how to play it exactly and my employees know the consequences of each breach of our company rule handbook.

I hope you get the resolution you need to this mate.  Peninsula will also offer you free advice about this if you need anymore. Am I on commission for them? No. Do I work for them? No. I'm just a very happy client of theirs who now knows where I need to tweak my businesses to cover EVERYONE in the company. 

[Richard iSparkle]

I put a thread on here a while ago about Peninsula employment law company. I was advised not to use them, mainly down to the cost. However, I THOROUGHLY did my homework and signed up with them anyway. Cost is not a major factor when it comes to your business. Protecting your business is worth every penny, including the money I will be spending with Peninsula. I thought I ran two professional companies before, they have opened my eyes to see I was falling way short though.

I took on my first employee in April 2013. I didn't know I was legally obliged to provide him with a contract within 6 weeks of the beginning of his employment. Peninsula have now drawn up a bespoke 42 page contract for each of my companies, covering a plethora of subjects such as holiday pay, how to dismiss LEGALLY, mobile phone, alcohol, drug, vehicle, anti-bribery policies and a whole lot more. I KNOW that providing I play it by the book, I am now covered in every way. My employees are now protected in every way from me abusing them as an employer too, so it is excellent for both parties. My lads all signed their contracts last week, no problem.

Is Peninsula's service cheap? No. But they offer excellent add-on services for employers and employees too. If this sort of thing happens to me, I have signed, written procedures in place now. I know how to play it exactly and my employees know the consequences of each breach of our company rule handbook.

I hope you get the resolution you need to this mate.  Peninsula will also offer you free advice about this if you need anymore. Am I on commission for them? No. Do I work for them? No. I'm just a very happy client of theirs who now knows where I need to tweak my businesses to cover EVERYONE in the company. 

you can get an employee's handbook such as your 42 page from recommendations off the ACAS website.  it's  all very standard stuff.  it has to be, it's based on the law.

the trouble i have found with firms like peninsula is they have a tendency to cover you, so long as you follow their interpretation of the law to the letter.  they always are very risk averse in their assessment of the situation. IMHO this is not always the best advice for the business owner.  it is so easy to get bogged down in formal procedures with this type of advice and get distracted from running your business.

i have found it much better to use a freelance human resources professional who will offer me advice such as how to get rid of an employee as quick as possible leaving them little opportunity for comeback.  they are much more able to read between the lines and tell you what your likely to get away with.

[CleanClear]

I put a thread on here a while ago about Peninsula employment law company. I was advised not to use them, mainly down to the cost. However, I THOROUGHLY did my homework and signed up with them anyway. Cost is not a major factor when it comes to your business. Protecting your business is worth every penny, including the money I will be spending with Peninsula. I thought I ran two professional companies before, they have opened my eyes to see I was falling way short though.

They wouldn't be in buisness if they couldn't convince you that you're falling way short.

I took on my first employee in April 2013

Anyone thinking of using Peninsula would be well advised to research them well before deciding if they want to use them.

[telfordwindowclnr]

I put a thread on here a while ago about Peninsula employment law company. I was advised not to use them, mainly down to the cost. However, I THOROUGHLY did my homework and signed up with them anyway. Cost is not a major factor when it comes to your business. Protecting your business is worth every penny, including the money I will be spending with Peninsula. I thought I ran two professional companies before, they have opened my eyes to see I was falling way short though.

I took on my first employee in April 2013. I didn't know I was legally obliged to provide him with a contract within 6 weeks of the beginning of his employment. Peninsula have now drawn up a bespoke 42 page contract for each of my companies, covering a plethora of subjects such as holiday pay, how to dismiss LEGALLY, mobile phone, alcohol, drug, vehicle, anti-bribery policies and a whole lot more. I KNOW that providing I play it by the book, I am now covered in every way. My employees are now protected in every way from me abusing them as an employer too, so it is excellent for both parties. My lads all signed their contracts last week, no problem.

Is Peninsula's service cheap? No. But they offer excellent add-on services for employers and employees too. If this sort of thing happens to me, I have signed, written procedures in place now. I know how to play it exactly and my employees know the consequences of each breach of our company rule handbook.

I hope you get the resolution you need to this mate.  Peninsula will also offer you free advice about this if you need anymore. Am I on commission for them? No. Do I work for them? No. I'm just a very happy client of theirs who now knows where I need to tweak my businesses to cover EVERYONE in the company. 

you can get an employee's handbook such as your 42 page from recommendations off the ACAS website.  it's  all very standard stuff.  it has to be, it's based on the law.

the trouble i have found with firms like peninsula is they have a tendency to cover you, so long as you follow their interpretation of the law to the letter.  they always are very risk averse in their assessment of the situation. IMHO this is not always the best advice for the business owner.  it is so easy to get bogged down in formal procedures with this type of advice and get distracted from running your business.

i have found it much better to use a freelance human resources professional who will offer me advice such as how to get rid of an employee as quick as possible leaving them little opportunity for comeback.  they are much more able to read between the lines and tell you what your likely to get away with.

Peninsula recommend ACAS alongside their services. Like I say, for me, I think it's value. But this isn't about me and peninsula, I only mentioned it in relation to the OP's situation. Peninsula or someone like that would have guided him through the situation legally, 24/7/365.

[telfordwindowclnr]

I put a thread on here a while ago about Peninsula employment law company. I was advised not to use them, mainly down to the cost. However, I THOROUGHLY did my homework and signed up with them anyway. Cost is not a major factor when it comes to your business. Protecting your business is worth every penny, including the money I will be spending with Peninsula. I thought I ran two professional companies before, they have opened my eyes to see I was falling way short though.

They wouldn't be in buisness if they couldn't convince you that you're falling way short.

I took on my first employee in April 2013

Anyone thinking of using Peninsula would be well advised to research them well before deciding if they want to use them.

They could only convince me I was falling short because I was. I do not feel like I have been duped.
Not sure why it's funny I took on my first employee in April, I've been subbing out for about 12 years.
Like I said, I did research Peninsula before climbing on board with them.

[CleanClear]

Regards Peninsula (sure i posted this before some where), i love this quote...
"they are to employee relations what Wonga are to sensible financial management"

http://www.reviewcentre.com/reviews187583.html#Reviews

[PoleKing]

Regards Peninsula (sure i posted this before some where), i love this quote...
"they are to employee relations what Wonga are to sensible financial management"

http://www.reviewcentre.com/reviews187583.html#Reviews

That is funny

[CleanClear]

Regards Peninsula (sure i posted this before some where), i love this quote...
"they are to employee relations what Wonga are to sensible financial management"

http://www.reviewcentre.com/reviews187583.html#Reviews

That is funny

You won't think it is when you know they'll also sort out your CRB for ya !! 

[PoleKing]

Regards Peninsula (sure i posted this before some where), i love this quote...
"they are to employee relations what Wonga are to sensible financial management"

http://www.reviewcentre.com/reviews187583.html#Reviews

That is funny

You won't think it is when you know they'll also sort out your CRB for ya !! 

Lols. Get you finding a sense of humour.

[CleanClear]

You won't think it is when you know they'll also sort out your CRB for ya !! 

Lols. Get you finding a sense of humour.

I've always had one. Just depends upon which side of the fence you're sitting 

[Leeds]

What I really don't get is, that if you had no paperwork for him whatsoever, no trace on your books for paying him (just write it as earning less) and you payed him in cash, no texts or calls discussing business; what proof is there that you ever worked with him? I'd just say no idea who he is, and that's the end of that. You'd have to be silly to admit to the tribunal that you had an informal contract. Your word against his. Case closed.

Window cleaning is typically a self employed persons business. I have lads working WITH me, not FOR me.

TBH there is no middle ground with WC. You're either very small (one or two of you) or you go very big (massive commercial jobs and employed staff).

Not worth the money for anything in between.

[SeanK]

What I really don't get is, that if you had no paperwork for him whatsoever, no trace on your books for paying him (just write it as earning less) and you payed him in cash, no texts or calls discussing business; what proof is there that you ever worked with him? I'd just say no idea who he is, and that's the end of that. You'd have to be silly to admit to the tribunal that you had an informal contract. Your word against his. Case closed.

Window cleaning is typically a self employed persons business. I have lads working WITH me, not FOR me.

TBH there is no middle ground with WC. You're either very small (one or two of you) or you go very big (massive commercial jobs and employed staff).

Not worth the money for anything in between.

If they don't run their own business (in other words work for themselves when not doing work for yourself) then what your
doing is illegal.
You cant be self employed and get paid a wage from another person, you can do subcontract work for another window cleaner
at an agreed price but you must prove that you also have other work on your books.

[Leeds]

What I really don't get is, that if you had no paperwork for him whatsoever, no trace on your books for paying him (just write it as earning less) and you payed him in cash, no texts or calls discussing business; what proof is there that you ever worked with him? I'd just say no idea who he is, and that's the end of that. You'd have to be silly to admit to the tribunal that you had an informal contract. Your word against his. Case closed.

Window cleaning is typically a self employed persons business. I have lads working WITH me, not FOR me.

TBH there is no middle ground with WC. You're either very small (one or two of you) or you go very big (massive commercial jobs and employed staff).

Not worth the money for anything in between.

If they don't run their own business (in other words work for themselves when not doing work for yourself) then what your
doing is illegal.
You cant be self employed and get paid a wage from another person, you can do subcontract work for another window cleaner
at an agreed price but you must prove that you also have other work on your books.

Thanks Sean. I meant more in terms of someone like this guy who is out to screw his "employer". If i faced someone like that, and there was no written evidence, i'd be saying i don't know who this man is. Cant play fair with people like that.

Anyhow, subcontracting is the way forward until ya can afford it. I wouldn't pay an hourly rate anyway. Just an agreed price for a section of houses. "i have X houses, will you clean them for X money", yes, deal. sound.