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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I want to end my employees employment with my business as I

Resolved Question:

I want to end my employees employment with my business as I feel they have tried to sabotage my business whilst left in a position of responsibility when i was on holiday, can I do this?
Submitted: 11 months ago.
Category: Law
Expert:  Jenny replied 11 months ago.
Hello my name is***** am a solicitor and I am happy to help you today. How long has the employee worked for you for?
Customer: replied 11 months ago.
just over 3 years, 3 years 1 month approx
Expert:  Jenny replied 11 months ago.
Is this the first time there has been an issue with the employee's performance?
Customer: replied 11 months ago.
no there have been others but just one offs and i dealt with them at the time, told her about a bad clean job or to re do an item etc, however I've been away and had a customer complaint today, then i checked other items in the shop which were processed all on the same day and have found numerous cleaned very very badly, i.e., still stain with sick, large water marks and the pressing is very bad too...
Expert:  Jenny replied 11 months ago.
Do you think that this is deliberate, i.e. a conduct issue or performance (that they are in some way incapable)?
Customer: replied 11 months ago.
yes i really do, her conduct has been questionable since january when we had to have a sit down recorded meeting due to her requesting a reduction in hours, i said i could't accommodate the reduction she wanted but gave alternatives, but she wasn't happy and told me she had spoken to a trade union who had advised her to go on sick, i wasn't even aware she was ill!! i made a record of this meeting and also made an addendum to her contract to bring her contract up to date as i felt wary of her. the day before i was due to go on holiday (i know this issue is not work related) she was going to look after my dog, but at the time we agreed to drop the dog off she advised me she was out drinking gin with her daughter, i said no problem i have arranged and the dog is going to the kennels, she responded to me saying if she didn't have my dog she wouldn't look after my shop, i felt stuck and had to let her watch the animal...this was the last interaction i had before i went away. The reason i feel its deliberate is because she's been with me three years, her work used to be spot on and over these last few months she just hasn't been right, since she didn't get her own way with the reduction in hours, then the dog and now this.
Customer: replied 11 months ago.
she's quite capable just not being so.
Expert:  Jenny replied 11 months ago.
What was the reason for the request in reduction in hours?
Customer: replied 11 months ago.
she didn't give me one, she had a thursday off for a funeral, then the following monday advised me it was nic have thursday off and would like it all the time.
Customer: replied 11 months ago.
*nice
Expert:  Jenny replied 11 months ago.
ok no problem So are you saying she is turning up to work drunk?
Customer: replied 11 months ago.
no, sorry, she was drinking out of work, we were due to meet at her house after work to drop the dog off and she wasn't there, she had gone out drinking instead, so its not work related as happened outside of work but then she brought work into it with her threat, not sure if that counts.
Expert:  Jenny replied 11 months ago.
The danger of terminating her employment immediately is that she would have the right to claim unfair dismissal as she has over 2 years service and you need to follow a fair procedure and have a fair reason to dismiss. If you believe she has deliberately sabotaged your business you can write to her to say that she is invited to a disciplinary hearing to hear an allegation of gross misconduct on the basis that she is deliberately trying to cause your business harm by producing substandard work. You need to give her the right to be accompanied at that meeting by a colleague or a trade union representative. At the meeting you can hear her side of the story and dismiss her if you are not satisfied with the response. You need to give her the right to appeal against the decision. It may be safer to give her a final written warning and say that any further issues will result in dismissal. If you have any further questions please do ask. If I have answered your question i would be grateful if you would be so kind to rate my answer as i am not otherwise paid for my time. Thank you and all the best.
Customer: replied 11 months ago.
thank you i appreciate it. I was think as an alternative a would try to restructure my business and do the work myself, therefore no need to employ her, i realise i'll have to pay her redundancy but would I be okay to dismiss her this way?
Expert:  Jenny replied 11 months ago.
yes but the problem is that it might be seen as making up a reason to dismiss as you have already told her to go home. if that is the case then she might still be able to claim unfair dismissal. I think on balance better to give a final written warning and dismiss if she does it again.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 11 months ago.
okay thanks for that i'll have a good think about what to do.

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