[KS Cleaning]

So 1 of my employees who has been employed from January 2013 decided not to turn up for work on Monday December 13th, he never even said he wouldn't be at work, a went to pick him up and he wasn't there, also phoned him but his phone was off, a was fuming but just left it at that. Never heard back from him....until today (2 weeks later) asking what to do about a doctors line, a said that as he hadn't informed me of his absence he wouldn't qualify for sick pay, and I told him he would prob be better lookin for another job. Text later from him= 'I have pulled the muscles in my chest and arm carrying that backpack so I am on the sick and will be going down the proper channels, cheers'.
I must admit I do employ in a trusting/casual manner which will probably go against me, this is an employee who I have given loans of £1000, then £400 in the past, so it is galling that he will now resort to this sort of thing. It is maybe something else to consider for those of you thinking of employing.

[Tom White]

I must admit I do employ in a trusting/casual manner which will probably go against me,

Can you specify what you mean by 'trusting/casual manner'?

Is the employment all above board and legal?

[robertphil]

never text or write to somebody like that . if by chance he calls you up just say ON YOUR BIKE ,say it as unpleasantly as you can so he knows you are not an easy touch
   if he takes it further dont write or reply to anything unless legally forced too ,even then think it over before Any response

 i learnt this from working alongside a guy who employed quite a few employees, he had learned all the tricks over the years .

[KS Cleaning]

I must admit I do employ in a trusting/casual manner which will probably go against me,

Can you specify what you mean by 'trusting/casual manner'?

Is the employment all above board and legal?

Yes it's all legal Tosh, casual prob wasn't a very good choice of word. He is employed 24 hours per week. Where I have been silly is I don't have emplyee contract etc.

[supernova77]

Where I have been silly is I don't have emplyee contract etc.

I wouldn't worry about it then... If he doesn't have an employee contract what can he do?

Andy

[Smudger]

If you need some advice these are impartial and free http://www.acas.org.uk/index.aspx?articleid=2042

[Bay View WCS]

Where I have been silly is I don't have emplyee contract etc.

I wouldn't worry about it then... If he doesn't have an employee contract what can he do?

Andy

He still has a contract - just not in a written form. The law will imply certain terms into the contract based on past conduct - such as hours and payment rate for example.  

Cheers, Tom

[mgba_78]

I presume what he he means when he says

'I have pulled the muscles in my chest and arm carrying that backpack so I am on the sick and will be going down the proper channels, cheers'

Is that he is going to try and get some financial recompense for an injury at work??

This is where employing can turn nasty, has he had the correct training, had sign off sheets for manual handling, have you documented and had signed things like contract, job description??  If not could be hes out to try and srew you financially.

Would be worth speaking to him and actually seeing whats what. No point in guessing, if you dont have much in the way of paperwork relating to his job you may be in a spot of bother if he does go to "no win no fee" brigade

The more you an get an employee to sign the better in my book, any training you give out get it written down and have them sign it, also no grey areas then.

Good luck, let us know how it goes

[wightsurf]

Spend a few days with a video camera,its worth it .

[KS Cleaning]

I presume what he he means when he says

'I have pulled the muscles in my chest and arm carrying that backpack so I am on the sick and will be going down the proper channels, cheers'

Is that he is going to try and get some financial recompense for an injury at work??

This is where employing can turn nasty, has he had the correct training, had sign off sheets for manual handling, have you documented and had signed things like contract, job description??  If not could be hes out to try and srew you financially.

Would be worth speaking to him and actually seeing whats what. No point in guessing, if you dont have much in the way of paperwork relating to his job you may be in a spot of bother if he does go to "no win no fee" brigade

The more you an get an employee to sign the better in my book, any training you give out get it written down and have them sign it, also no grey areas then.

Good luck, let us know how it goes

Yep, this I think is where I have left myself open   The ones you trust most can often be the ones who are most twisted.

[KS Cleaning]

Thanks to all who have replied. Hope this also helps those who are unsure whether to employ or not, my advice would be to make sure you cover every small detail when employing (like MGBA has said).

[Tom-01]

He sounds like the kind of guy who always tries to pull a fast one. I don't think he sounds like he's capable to 'go through the proper channels'.

If I were you I'd ignore anything he says from now on, he'll soon get bored.

[stuart mc]

a presumed contract works two ways, yes he has entitlements presumed but so do you, like being informed in a timely manner of any absence etc, plus the fact it is just under a year should go in your favour, call his bluff and tell him to fill his boots whilst writing his P45, then see what happens

[Tom-01]

Also go down the route of saying that you provided him with the correct training and working methods, so he must have been doing it wrong to get 'hurt'. Honestly, he sounds like a premier league footballer.

[Soupy]

Sack him immediately. Before he has run to over a year - send him a dismissal letter. Explain why he has been dismissed. Send it recorded delivery and keep a copy. Ignore text messages and the like from him. Seek legal advice.

[tench0771]

get ur self down to sitizens advice m8 good luck

[tlwcs]

If he still owes you money, sell them to a nasty debt collecting company

[PoleKing]

If you only employ him for 24 hours a week, what's he doing on his days off?
Any private work with a backpack?

Bloke I used to work with was a wood machinist for 30 years.
He worked at our place for less than 2.
Tried to sue our place for 'giving him cancer from working with MDF'

Agree with everyone who has said:
Sack him, by letter, special delivery. (Don't let the envelope look like it's come from you)
Don't do anything at all unless it's ordered by someone with any authority (court,judge etc)
Keep us posted.
All the best with it.

[rosskesava]

The employee never informed you earlier, when he was having them, that he was having back problems due to the back pack then?

[edward1]

sounds like he is going to have a go at getting compo,

it makes me angry/upset when this happens. You were good enough to give this guy a job and he is trying to screw you over.

obviously you have trained him verbally in the correct use of equipment and health and safety issues.

and obviously u had a verbal contract with this guy.

but learn from this m8.