[APPLEMAIDCLEANING]

Hi peeps,

I caught a newish cleaner 2 times using a cooking appliances, i had the grounds of gross misconduct, but do i also include health & safety issues?

She use cleaning chemicals then toaster or cooker, also its the clients property.

Also she she is trying to add over time(going over her time) and has calculated it in her final salary and wants to return her uniform but we have told her no and deducted her uniform as she worked under 12 months, now she said she will go to CAB. For her unauthorised over time and uniform.

what would you do

Thanks

[derek leeds]

less than twelve months basically means no tribunal so you should be ok but two issues 1. she as the right to return the uniform less general wear and tear and recieve her money back 2. if she as put the extra hours down on her time sheet and you have not previously brought this to her attension you have excepted she as worked the extra hours so thats a tricky one and if she has more than a years service you would be liable for payment

[APPLEMAIDCLEANING]

less than twelve months basically means no tribunal so you should be ok but two issues 1. she as the right to return the uniform less general wear and tear and recieve her money back 2. if she as put the extra hours down on her time sheet and you have not previously brought this to her attension you have excepted she as worked the extra hours so thats a tricky one and if she has more than a years service you would be liable for payment

Ok i will re fund for uniform money but will bin uniform, we have in place a reduced rate for how long in service but will return money.

As for time sheets she never sent them in or if she did it was in excel not on company time sheet and for this i can not see any over time down, she sent me a full calculation of what she has been paid and what is is due only, no start or finish time, so i have asked her for this.

We taken her on via TUPE wish i did not lol

[APPLEMAIDCLEANING]

less than twelve months basically means no tribunal so you should be ok but two issues 1. she as the right to return the uniform less general wear and tear and recieve her money back 2. if she as put the extra hours down on her time sheet and you have not previously brought this to her attension you have excepted she as worked the extra hours so thats a tricky one and if she has more than a years service you would be liable for payment

also do i go ahead with gross miss conduct and health & safety issue if she goes to tribunal, i know you said under 1 year she can not do it.

[APPLEMAIDCLEANING]

Just had some other advise as she left in June and is now October she only has 3 months to claim?

[derek leeds]

you need to hold a full investigation taking statements from any parties involved, and from that take her to disciplinary. my view is its neither a health &safety issue or gross misconduct,more like a first written. The lack of time sheet info means she can prove nothing in relation to extra hours etc. with the tupe as she got less than 12month continuess service if yes your safe with what ever you do e.g take her to disciplinary for not following company procedure for correct use of time sheet  ;    l.o.l...........     p.s. yes she only as 3months to claim

[APPLEMAIDCLEANING]

you need to hold a full investigation taking statements from any parties involved, and from that take her to disciplinary. my view is its neither a health &safety issue or gross misconduct,more like a first written. The lack of time sheet info means she can prove nothing in relation to extra hours etc. with the tupe as she got less than 12month continuess service if yes your safe with what ever you do e.g take her to disciplinary for not following company procedure for correct use of time sheet  ;    l.o.l...........     p.s. yes she only as 3months to claim

Thanks, i new i was on the right road, yes has been with us 7 months but left in June giving 5 days notice not 1 month. Again was soft on her.

Again thanks.

[Robert Parry]

Applemaid,

Dereks advice about you not risking any sort of comeback via a tribunal etc, is I am afraid quite wrong, there have been many instances where employers have lost just these sort of cases, so I would advise you to take "Real Legal" advice on this.

Taking the above action, will of course, cost real money.

Dealing with employee's who threaten leagal action of any sort is fraught with serious danger if you have not followed corect procedures.

You may feel, that because you have E/L Insurance that you covered, however, in the last few months, I have heard that some insurance companies have refused to cover some employment claims because the employer did not follow the correct procedures, putting two reasonable size firms out of business.

Regarding the un-authorised overtime, surely this is covered within your employment contract/handbook etc. So no problem there!

Regards,

Rob

[APPLEMAIDCLEANING]

Applemaid,

Dereks advice about you not risking any sort of comeback via a tribunal etc, is I am afraid quite wrong, there have been many instances where employers have lost just these sort of cases, so I would advise you to take "Real Legal" advice on this.

Taking the above action, will of course, cost real money.

Dealing with employee's who threaten leagal action of any sort is fraught with serious danger if you have not followed corect procedures.

You may feel, that because you have E/L Insurance that you covered, however, in the last few months, I have heard that some insurance companies have refused to cover some employment claims because the employer did not follow the correct procedures, putting two reasonable size firms out of business.

Regarding the un-authorised overtime, surely this is covered within your employment contract/handbook etc. So no problem there!

Regards,

Rob

Hi, yes this is in hand book and contract but contract she never returned after a few chats with her.

Also she was paid in cash for 2 months i dont think she has calculated this, but was then paid by BACS when she did more hours. I have retuned her uniform deduction but will not shift on the it taken be longer tonight crap when all others got it done in the time. 

Thanks Rob

[derek leeds]

dont think i am wrong rob , ive been in charge of an over 600 colleagues in my previous position and ime sure my facts are correct= my record is 2 tribunals in 10yrs and i won them both

[Robert Parry]

Hi Derek,

Last 14 months or so, the employment regs have changed quite a lot, time and progress  and all that.

Like most of these things, the actual circumstances will actually dictate the result, as you no doubt well know!

Regards,

Rob