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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 56587
Experience:  Qualified Solicitor
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We have a employee who has been a problem we are a cleaning

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Hi we have a employee who has been a problem we are a cleaning company and she asked to move from one office to clean to another which we actioned and now she is saying she doesn’t want to work in that office so we have found a another person for that office do we still have to pay her if we haven’t got any other space for her at any other office to clean

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has she worked there for?

Customer: replied 11 months ago.
She has been working there 2 and a half years
Customer: replied 11 months ago.
Hi are you there
Customer: replied 11 months ago.
Also can we dismiss her for bringing her kids in to the office while she works and did not tell us about this and this could have been a hazard for the children

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Can you please clarify if her contract guarantees her a specific place of work or if it allows you to move her to any place of work as necessary?

Customer: replied 11 months ago.
We have got a verbal contract with her rather then a signed one

Thank you. As she has been there for more than 2 years, she has protection against unfair dismissal, which means you can only dismiss her if there is a fair reason for doing so and you would also be required to follow a fair procedure.

If she does not have a contracted place of work and can potentially be asked to work anywhere, her refusal to work in a specific office means you should try and find her a replacement office if possible, but if that cannot happen, you can state that she is basically refusing to undertake her duties and not pay her until she is ready and willing to work again. I would not recommend an instant dismissal and ideally you should go through issuing her formal warnings to warn her about her refusal to work and also the issue with the children and only if the issues persist, move on to dismissal.

The potential problem with going for instant dismissal is that she could try and argue it was unfair dismissal for you jumping at the chance to dismiss too early. She should really be given an opportunity to resolve things first before you move towards dismissal.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss what you need to do to follow a fair disciplinary procedure. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 11 months ago.
Thank you for your reply when she rufused the office we had to get someone else to do the office so now they are there and the hours and days she does there is no other space at any other office can she now change her mind and say she will have that office she refused even though we had to get Someone else in there and will we have to still pay her

you do not have to pay her if she is not ready and willing to work in her usual place of work. If you do have somewhere else you can place her but are not sending her there then that is when you have to pay he, if she is willing to work there but you are not allowing her., However, if it is her decision not to work then you have to say that until she is ready to work somewhere where you have availability then you do not have to pay her

Customer: replied 11 months ago.
Hi I have requested a phone call from you thank you
Customer: replied 11 months ago.
Hi is there anyone I can speak to

Hi there, unfortunately I am not available for calls at present - the request is open though so if anyone can speak to you they will accept it. In the meantime if you have any follow up questions please reply on here

Customer: replied 11 months ago.
Ok how long do we have to keep the position of one office open for her to accept or decline and can we send her a email asking her this is how many days she has to accept the office to work inThere is no other office where she can work with her hours and dayShe is also talking to our clients about this situation when we have told her a number of times that she can’t not to that

There is no specified time limit for how long you must keep the position open for her but if the role needs to be filled then you can set a pretty tight deadline, say a week or so. Make it clear that the work needs to be done and you cannot be expected to indefinitely keep the position open so she has a deadline by which to make up her mind, after which you will have to appoint someone else in it. Remind her that talking to clients about this when you have specifically asked her not to could amount to insubordination (failure to follow management’s instructions) and can be a disciplinary matter. Does this clarify?

Customer: replied 11 months ago.
Ok thanks can you give someone 2 disciplinary on the same day for 2 different things1st one for talking to clients
2nd bringing kids to work

You can do but try to include them both under pone disciplinary, where she is facing two separate allegations but all dealt with under one hearing

If your original query has been answered I would be grateful if you could please quickly rate the service so far by selecting 3, 4 or 5 stars above as it is an important part of our process. I can still answer follow up questions if needed and the question will remain open. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 11 months ago.
Hi sorry just picked up your messages now will leave a review for you
Customer: replied 11 months ago.
Could you just answer one more question the employee has finished her holiday and is saying she can’t come in today can I say to her it’s going to be unpaid and her position has been filled by somome else and till we find her her position she has to be off unpaid
Customer: replied 11 months ago.
Can Dismiss her for gross misconduct

Hi there, if she is due to return to work but she is no longer off sick and unwilling to return, then you can refuse to pay her. However, if it is your choice not to allow her back, then you must pay her. I would avoid dismissing her for gross misconduct at this stage – just give her the week’s notice and send her on her way to be on the safe side. Hope this clarifies?

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