Employment Lawyers Can Answer Your Employment Law Questions
I am a trustee of a village Hall, The resident caretaker and the hall manager can't won't get on always picking fault with each other. We have informally heard their grievences and are no further forward. What next? we are not legal just ordinary people, must we get help before they say we do not care, what are our options. This could escalate at any time. Sylvia XXXX
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have they each worked there for?
The manager 1 year the caretaker since October
Have you received my answer
What are you hoping to achieve in this situation?
maybe peace but I think it has gone too far and one or both will have to leave. The residency of the caretaker is also a problem we think.
So do you wish to remove one or both?
No peace would be the best option but the manager is very outspoken and the caretaker very quiet, it is a mess.
ok thanks let me get my response ready please
In these circumstances it is best to try and resolve the issues directly with these employees to attempt and find some middle ground on which they can work. You can try and act as a mediator and facilitate that but if it becomes obvious that this may not be possible and that they are simple not willing to cooperate and to try and resolve their issues, then you will have to consider taking further action.
At first this could be done by disciplining both of them and issuing them with a warning that unless they resolve these issues, further disciplinary action could follow. You can then monitor them for a period of time and if nothing has changed for the better, you can consider whether you actually wish to remove one of them, This would not be that difficult to do because unless an employee has at least 2 years’ continuous service they are not protected against unfair dismissal. This means they can be dismissed for more or less any reason as long as it is not linked to discriminatory grounds, which is not the case here. So in effect you can choose which one you want to remove and proceed with it by simply giving them the notice period they are entitled to by contract, or in the absence of one – a week’s notice.
Ok do we have to use any special sentences to do this or are we ok to go ahead.
Is the caretakers flat an issue?
no special wording needed, if it comes to termination you just have to advise them in writing they are being given notice of termination and confirm when their employment would end. As to the flat, then you could remove him from there if needed but you would need to give him some notice, to evict someone you would generally require 4 weeks' notice
Thank you, ***** ***** in a better position now with your help. I hope I can print this answer for my colleague.
you should be able to if you see a share button and the print option should be there, if not it will be saved on here and you can access it any time. All the best