[angela stone]

Hi

I have a client who has refused to have a newish member of staff clean their site on the grounds of trust. She tripped over a loose carpet tile on the stairs but they don't believe her as she has changed her story of what happened several times and it does seem quite impossible to do what she said.  She has a sprained ankle from the fall.

I don't want to state this as the reason but I need to change her to a different site. She is also intimidating the other member of staff that she works with and her standards of work are not up to scratch. I do think she is trouble but she has only worked for me a month and i want to tread carefully as she seems to be gunning for confrontation.

Can I move her to a different site legally.
? Same hours of work but a 5 min drive further away on the basis I think she is better suited at a different site.? What if she refuses?

I'm in a very tricky situation!

Any help gratefully received 😕

[Smudger]

If what you say is true, then she is not a suitable employee,

Either start disaplinary proceedings, verbal warnings etc....

OR

Terminate employment because if over a month she's problematic, then after 2 years you'll really have a problem and a ruined biz

[BDCS]

If its before 3 months I'd just say thanks and good bye - no reason needed

[Ian101]

Please don't take offence at this but have you been employing for any length of time ?

GET RID TODAY !! 

This person is out to cause trouble.

[Ian101]

maybe consider zero hour contracts if not already ?

[angela stone]

Thanks everyone. I've been employing people for 7 years and I have 27 staff. I don't have zero hour contracts.
She is contracted to work 15 hours. My problem is the client doesn't want her back at all. Her next shift is Tuesday at 6.30pm and I have to decide what to do by then.

[Smudger]

Easy, if the client is good and never had any other staffing issues then this new employee is given different duties or the bullet.

Make it clear that they have been removed from this job due to customer complaints a repeat of this from another customer will be regarded as gross misconduct and dismissal

Darran

[Norbert]

Hi Angela,

I agree with Darren's post on this issue, move them ASAP, or risk loosing the contract and good name of your company.

I work part-time for a contract commercial cleaning company, and if the customer doesn't want a cleaner on their site, then that cleaner doesn't go back there, end of story, as the customer is paying and my company won't send anyone back if the customer says no.

It does sound like this particular cleaner may be a problem for you and your other cleaners. if they've only been with you a month are they on a three month's trial period? As most jobs even part-time now employ on this basis. I would move them and make sure they are supervised and monitored.

Good luck Phil.

[BDCS]

I agree but don't sod about - less than 3 months dismiss without reason. If she asks for a reason then just say she was found to be unsuitable by the customer and you have no other openings. 6.30 Tuesday be brave and show her the door or you'll be finding it harder further down the road. If you cannot be brave then say she has to do a second trial period due to the clients and fellow employee complaints and then fellow up with your disciplinary route as detailed in your employee handbook

[angela stone]

thanks everyone.

I think I just need to be careful as I think she will try and claim for an accident at work either against me or the client and I really don't want that stress.

She is a slippery character.  Did great up to falling over and then she has changed her tune.  She has said her wage was wrong and it wasn't she was expecting me to pay her ssp as she said I had to due to the accident been at work which is incorrect as I checked with acas.  Her sister works in HR seemingly knows everything!

I think her intention was to pretend to have fallen, and go off on sick for a long period of time.  She's been out of work for 3 years prior to me taking her on.

I think I will get her in on Tuesday for a meeting which I already have set up with her,  and tell her that she needs to move to another site which I have where she will be a lone worker, closely monitor her every night and trip her up as her cleaning isn't good enough and I don't think she can be arsed.  I think if I just get rid, which I know I can do, I will push her into claiming, although she doesn't have a leg to stand (excuse the pun!)

[dustee]

Why bother , just get shut ASAP

[Nathan Hartigan]

After 7 years you should and by the sounds of it know she is trouble
Less than 2 months service is a trial period
Give her the tin tack

[Griffus]

If stressing you, your client and her fellow cleaners out after just one month I'd say you've been a bit slow to resolve and now you have no choice but to let go on the grounds that her probationary spell hasn't worked out.

Ideally you would have addressed this earlier on and agreed / reiterated a few ground rules with clear targets, but that ship has well and truly sailed by the sound of it.

Sit back, consider the facts, take the emotion out of the decision, and act accordingly.

[angela stone]

I bit the bullet and dismissed her yesterday and paid her a week's notice. I said that her standards were not up to what is required by us or the client.  Also that I had 3rd party pressure from the client to find someone else based on the standards and also that she wasn't working well as a team with the other cleaner.

She was ok in the meeting, didn't argue with me and then she requested the accident report form to be posted to her.

Guessing she's going to put a claim in against me for personal injury or maybe attempt a claim on the grounds her standards were not up to scratch because of her ankle.

lets wait and see....

[BDCS]

If she claims don't engage with her just hand it over to your insurance - take witness statements for your records.

[angela stone]

client has received a personal injury claim from some no win no fee solicitors.  She put the claim in on bank holiday Monday this week, I dismissed her on Tuesday.  She is suing them under the occupier liability act.

So far I've not received anything but the client has had me in for a meeting today and suspended our services for the rest of this week.  Said that I am negligent as I didn't get witness statements that evening although we have a detailed accident form and return to work interview with her.  Also he said that as it came to light that she said she knew the carpet tile had been loose since she started 2 weeks previous (it wasn't).  Under our health and safety policy she should report all health and safety hazards she comes across and as she hadn't, he said that I should have sacked her there and then for breaching our policy and procedures.

we are doing detailed witness statements for him to go back with.  

Its quite simply been the day for hell and I don't think I make enough money for this poop.  

He wants me to have a solicitors look over all my policies, procedures and risk assessments to make them as robust as possible.  Also wants me to pay someone monthly for advice on situations so that he feels confident this won't happen again.  I don't make enough money to pay for something like that.

[Griffus]

Bin him, he's a muppet.

Let your insurance know what's going on and let them guide you through the rocky waters as required. This is what they're there for.

[Neil Jones]

Sounds crap Angela, are you part of the FSB? Joining now could help you a lot, only £175.

Not got much experience in this but do get a lot of crap from staff. Call me if you ever want some help!

[angela stone]

no im not part of the fsb but I have considered it before.  I will look at it again.  I think the subscription is more than that for me due to the no. of employees I have. 

I bit the bullet yesterday and I told him I didn't want to work for him anymore.  He has sent my email to his solicitors. This whole situation has made me consider chucking the towel in.

I think he is going to try and sue me for something, not sure what though.

[TomCrowther]

Angela, tomorrow is another day. Do not Chuck the towel in. You have worked at building your business for seven years.
Use this incident to tighten your processes and paperwork. Learn from it and come out of it stronger and with more confidence in your business.