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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51227
Experience:  Qualified Solicitor
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I'm looking for advice on dealing with a troublesome

Customer Question

Hi
I'm looking for advice on dealing with a troublesome employee (Dagnis )This guy is with me 5 years but of late he has become extremely lazy and troublesome .Two weeks ago he didn't show for work at all- no reason given - he was given a virbsl warning (previously he is constantly pulling sick days)On Saturday (yesterday ) we had a concrete pour on - on Friday we had asked the guys who would be able to come in Saturday - four agreed to come in including Dagnis
But when the concrete arrived Dagnis walked out and went home leaving the job to three others which was a disaster .My foreman will not have him.back to on Monday - I've nowhere else to send himI'd love to sack himConcerned UK employer
Sean
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

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

Expert:  Ben Jones replied 16 days ago.

Are you willing to consider paying him off to leave?

Customer: replied 16 days ago.
I would pay him of , but he may not go
Customer: replied 16 days ago.
I don't have €50 to call you
I've already paid €55 to your site
Customer: replied 16 days ago.
How Can I pay him off ? even though there has been guys employed more recently / shorter service than him
Expert:  Ben Jones replied 16 days ago.

Ok thanks leave it with me please I will reply later today thanks

Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience. The most important thing to consider in these circumstances is the employee's length of service.

If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances.

In this case you are most likely looking at using misconduct or performance as a reason to dismiss. However, be careful not to jump at dismissal straight away, unless you are confident he has committed an act of gross misconduct. That has to be something very serious and I am not 100% confident you can use the incidents so far. However, if things continue they way they are you can proceed to a more formal disciplinary action and for example issue him with formal written warnings, which can eventually result in dismissal.

The alternative is that you offer to pay him off to leave but you have to agree on a mutually acceptable deal for that to happen. However, if you make it clear that the alternative is eventual dismissal he may be more willing to consider it.

Does this answer your query?

Customer: replied 15 days ago.
Can I leave him at home day for three days unpaid as a warning
Expert:  Ben Jones replied 15 days ago.

You cannot leave him on unpaid leave as that would amount to an unlawful deduction of wages. That in itself is not an acceptable penalty in law, but you can issue a formal written warning once you have gone through a formal disciplinary. Does this clarify a bit more?

Expert:  Ben Jones replied 13 days ago.

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

Expert:  Ben Jones replied 12 days ago.

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