Staff problems

[Pablo]

Here's one for the employers out there. I'm having trouble with one of my employees to the extent that he is taking the proverbial with sick days. He's been averaging 3 a month since the spring and they are usually mondays but sometimes midweek. I'm certain he's lying but I can't sack him for being sick because he'll take me to the cleaners. We've had chats and he's towed the line for a while then he reverts back to the old ways. He is a good paver and is well paid and gets a van and phone but I'm through with him. He's been with me 4 years how the hell do I sack him and stay within the law.

[Tony McC]

For me, it would have to be a recession-inspired company-wide re-assessment and efficiency drive, with a view to unfortunate but essential redundancies. All employees would have to be reviewed on performance and attendance, with inevitable results.

Obv, this relies on him actually being the worst attending member of staff, otherwise he could have you up by the tribunals, which can be painful.

[bobbi o]

notify your workers you need to make people redundant and will do it on a points basis,such as length of service,job skills,relevant qualifications, time keeping etc. make sure he scores low,issue him with his notice and at the end of that give him his statutory redundancy pay and p45. if you dont want him to work his notice,you'll need to pay him as if he was still there.

as long as your seen to be fair in your selection process,this should be fine.

[ilovesettsonmondays]

dont forget if you do finish him up and hes over forty ,you owe him six weeks redundancy pay and also if you dont give him lieu of notice theres more money

[lutonlagerlout]

Not sure about NI pablo but you do realise there is no onus to pay people ,even on the cards ppl when they are off sick?
we had a lad who started that crack,
"gotta take my son to the dentist"
"my wife wants me to drop her at her mum's at 3"
"i'll be in a bit late, if thats ok?"

once i started docking him half days he soon came round,
you have to be careful making someone redundant,if you employ someone else in the same position within a certain timelimit your in trouble
LLL

[lutonlagerlout]

sorry apart from statutory sick pay which is about £112 a week after the first week
LLL

[GB_Groundworks]

seek legal advice so your covered, your solicitor etc will be in the best position to advise you dont risk it

people these days always want their pound of flesh even when they are work shy lay about haha

[rab1]

what the lads said about redundancy and point scoring is one way, another is give a verbal warning next time he takes the piss (know its called verbal but you have to give him a letter stating he`s had the warning) and follow this up every time he has a sickie, max of 2 times and then goodbye.

Scotland & NI are basically same law wise.

ps, 132 lads got the dreaded letter on friday.

[Pablo]

Rab I don't think you can legally give a warning for someone taking a sickie a lawyer would tear you a new ars#hole. I had thought of going down the route you all have suggested and TBH I probably still will but I was wondering if there were any other easier routes. I'm not a large company I only have 4 staff at present and the order book is fairly healthy and they know that so it's a hard to make cost cutting sound plausable. Also the minute he's out the door I'm going to need a replacement and he'll spot the ad. A friend who's in the same game has in the past wound someone up so they hit him then instant dismissal. Not sure if I'm good for a punch these days.:laugh:

[ilovesettsonmondays]

do you pay him when he is off

[Pablo]

Only SSP once it kicks in.

[lutonlagerlout]

well hes a pratt to himself then
It s hard i know especially with builder types,but a quiet word in his shell like when no one else is around
my way or the high way
FIFO is my favourite, " fit in or flip off"
do you think its drink?
workers come and go for their and your own reasons, I have lost blokes i worked with for 10 years over a silly radio station argument.
then had blokes who turned up but did the bare minimum hang on for 2 years
personally i dont believe in people being sick for 1 day
death (as in the employees) is the only valid excuse IMHO
LLL

[meany]

Lay him off then take him back on as self employed.He wouldnt think twice about pulling a sickie.

[rab1]

Pablo, take it he phones in when he has a sickie?. if he doesn't you are legally entitled to give a warning. if its not in his contract take the van/phone off him and ask him to make his own way to work, you are legally allowed to issue a warning for time keeping etc if it affects the running of your business.

[Tommy]

death (as in the employees) is the only valid excuse IMHO

Surely confined to a hospital bed would be pretty legit as well