Hello, my name is Ben and it is my pleasure to assist you with your question today. What is your specific question about this?
I have an employee who after an informal meeting to discuss numerous mistakes and general attitude in the office has emailed afterwards wanting a full breakdown of all her errors to backup what I verbally told her she could have cost the company as a result of these errors. She is also refering to a 2 week sign off period she recently had for depression and is questioning whether we should have given her the responsibility again after despite holding a 'fit to work' interview. I do not want her in the office as we are small team of 5 and she is causing so much trouble and energy. She has been there for a year on 22 October.
Does she have a contractual notice period?
After probation of 3 months she has to give 2 months notice but contractually I have to give her 6 weeks.
The company reserves the right to waive notice periods and to make full payment in lieu of notice?
Oh make a payment not full
Great but this concerns me due to the content of her email..If their employment commenced before 6 April 2012, the employee might be able to claim unfair dismissal if they have worked for you for more than one year. If their employment commenced after 6 April 2012, they can't claim unfair dismissal unless they have worked for you for more than two years. However, you must be mindful of other claims for which there’s no minimum period of service requirement, for example, discrimination, whistle-blowing or dismissal for asserting or trying to assert a statutory right.
It seems she is exerting a statutory right for a breakdown of her errors and refering to her 2 weeks sign off?
I get that but she states in her email that we were irresponsible for giving her duties that invloved large amounts of money so soon after returning to work and that we did not explain the legalities behind dealing with the money which is ridiculous?
Could she not get legal assitance financially?
Does it have more clout that she hasnt been here a year yet? Dont I need to follow a disiplinary procedure now though? I was trying the informal route to get a result but it seems to have back fired a little?
Why is it not procedurally incorrect though? I havent given her a chance to improve?
Nor documented the meeting as it was informal?
Would it be a good idea for me to go straight to final written on the back of her errors? Do I have to reply to her request for a breakdown of her errors and the financial implications?
So I call a disiplinary meeting to dismiss her? Invite someone to be with her? Do I not have to investigate, hear her side...call another meeting etc? Or can I just dismiss her on the back of what she has done? She is saying we havent explained it to her but I do disagree?
She is also claiming that I was unsportive, sloppy and inappropriate dealing with another member of staff that she had an issue with. She says that 40% of the reason she got signed off was because of the new staff member but now they are fine...is this just insignificant?
I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you