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How long has she worked there for?
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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?
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.
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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
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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?
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
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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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