Employment Laws

[rachmc]

Can someone please help me?! My husband is the director of a company which is quite new (1 year old). He employs someone who is NOT doing their job right. Plus, we have just found out that he has put in lots of recepts of expences which are unacceptable. They have been paid by the company secretary who didn't think of questioning them (its not her fault). It includes things like food bills, petrol averaging �40 a week even though he works only 1 mile from his place of work. The recepts total over �4000 for 6 months!!! How can we get rid of this man? The company does not need him (we would be much better off with an accountant who we would have come into the business once or twice a month). Can anyone tell us how we can get rid legally? I don;t know if redundancy would be an option? PLEASE HELP!!!

[bednobs]

i would imagine you would have to give him a chance to pull his socks up first - your husband needs to "performance manage" him. He needs to set out what areas he wants him to improve in and give him a timescale in which to improve.
Was it ever made clear to the employee what he can and cannot claim for i the way of expenses (either by a policy or in his contract?) if not, then you are going to have to make it clear what is "acceptable" and what isn't (although you should have done this in the 1st place, not 6 months down the line). it is not usual for mileage o be paid from home t work for members of staff wh work permanently in one place

[bednobs]

if, as you say the company does not need him, you need to be very clear about whether it's HIM you don't need or his position you dont need. If the latter then i guess a redundancy situation could apply

[Oneeyedvic]

Can I suggest joining either your local Chamber of Commerce or Federation of Small Businesses - both of these have pretty good help lines that you can get professional help from - you really don't want to fall foul of employment law.

They can give you invaluable advice and as a small business the costs are pretty minimal.

[Squitty]

Depends on his employment contract - I think this would be gross misconduct (ie theft) and immediate dismissal is appropriate. However, I found that the Federation of small business were brilliant (and free for members) when I had a similar situation. If you are not certain about employment law DO NOT DO ANYTHING until you have spoken to a professional - it is very easy to end up with an industrial tribunal. ( I have had four tribunals so far and won all of them as an employer).

[rachmc]

We are already in the system for Business Link. They are very useful and are just in the process of getting us in contact with all the people we need to help us like accountants. But so far, we do not have anyone to discuss our employment problem with.

[buildersmate]

Most of the above is good advice though some of it is wrong.
1) Until an employee has clocked up 12 months continuous service, it is impossible for him/her to bring a case for unfair dismissal. Better get your skates on - you can get rid of this person NOW merely be telling them you are terminating the contract. You MUST give the notice required in the contract. Given the situation, this will probably means paying them off and they leave the same day (i.e. not requiring them to work the notice).
2) Redundancy doesn't apply - hasn't got enough service.

Note that there are a few situations when my point 1) above about 12 months service does not apply - but they are unlikely to apply here. These are when it would be automatically unfair to dismiss - this covers reasons of pregnancy, membership of a TU, or if the employee tried to use a staturoty employment right like get time off for parental leave and you refused the person and dismissed them.
I'd go down that route.

[Twenty20]

buildersmate is quite right with his answer. No reason need be given for dismissal within the first 12 months of employment so long as its not discriminatory, pregnancy related etc. Get rid of him asap. Pay him as per his notice in contract, usually 1 month.

[Eve]

The last two beat me to it.

ACAC can also be very helpful...

http://www.acas.org.uk/index.aspx?articleid=14 61

They have advice for both employers and employees.

[buildersmate]

Yes, its a pity that the ones that know what they are talking about don't get the stars.

[Ice.Maiden]

I think you DO have reason to get rid of this person - as Squitty and buildersmate've said.
I'd have this person into the ofice and ask him to justify his claim for expenses - correcting him where he's wrong. However, he could plead that as nothing's been said before now, he "thought it was alright" - along with other excuses. I then think this might be the time to sack him for gross misconduct, saying that he's welcome to go to a tribunal, but with the evidence to hand, it'd be a waste of time.