- Original Poster
- #1
Firstly, we're not as nasty as the thread title implies!
We are a very small tree surgery company with just 5 employees: 1 director/surgeon, 2 f/t tree surgeons, 1 p/t (15 hrs/wk) groundsman and me (everything other than tree shimmying!). The on-site work is very physical involving climbing, chainsaws, dragging large chunks of wood, using a woodchipper etc. Cash is always incredibly tight although business, in the main, is good. We also use sub-contractors where necessary. Everyone has a contract. Employment contract has automatic 6mth probation period & a fairly robust sickness policy (after probation, 5wks full pay, 5 wks 1/2 pay, rising by 1 wk per year). During probation period, notice is 1 week either way, afterwards it's 1 month.
The P/T groundsman became an employee on 1st November (with the 15hrs thing to help him with the CSA). We paid £795 to put him through a chainsaw course in October (there's a claw back in the contract of 75% of training course if employee leaves within 3-6 mths of the training). He had an known issue with his shoulders which, on occassion would dislocate - few days rest, all back to normal. On a job in December he was jumping into a van and one shoulder popped. It took 2 hrs to get back in (ambulances, major painkillers etc). He subsequently was off-sick, but because of Christmas & the fact he only actually worked 2 days a week it wasn't too bad and he managed to fulfil his 2 days per week through use of TOIL accrued.
Since Christmas he has been 'in work' for only 2 days. He was paid full pay for January on the understanding that (as we were told he would) for the first 2 weeks of Feb he would do 4 days/week, effectively 'paying back' the 2 weeks in Jan when he got paid but didn't work.
He didn't come back to work. Towards the end of February we received a scanned (still haven't had the original) fit note dated 22 January saying he would be unfit for 6 weeks - taking his period of sickness to 5 March. For Feb, to get the records straight he received SSP, with his period of sickness start date as 11 Feb (as he'd effectively had full pay for the 1st 2 weeks in the Jan payroll), of £128. We have been verbally informed from a familymember, not by him, that he must have operations on both shoulders and is likely to be out of action for at least 6 months. We have not received another fit note (but today is only 6 March).
So, situation is that we really can't afford to pay for an employee who isn't there and who isn't likely to be there for a long time. He is still in his probation period BUT it's complicated by the part-time, the training claw-back and by the sickness so how do we go about a fair dismissal? Is it a capacity thing? Is it a simple '1 weeks notice' paying him full pay for the week (but with the claw-back he'd be paying us)? Should we meet with him to determine likely future ability to perform the job? There really isn't any other suitable job for him to do and the job he does would likely injure him even more. All help greatly received. Thanks.
We are a very small tree surgery company with just 5 employees: 1 director/surgeon, 2 f/t tree surgeons, 1 p/t (15 hrs/wk) groundsman and me (everything other than tree shimmying!). The on-site work is very physical involving climbing, chainsaws, dragging large chunks of wood, using a woodchipper etc. Cash is always incredibly tight although business, in the main, is good. We also use sub-contractors where necessary. Everyone has a contract. Employment contract has automatic 6mth probation period & a fairly robust sickness policy (after probation, 5wks full pay, 5 wks 1/2 pay, rising by 1 wk per year). During probation period, notice is 1 week either way, afterwards it's 1 month.
The P/T groundsman became an employee on 1st November (with the 15hrs thing to help him with the CSA). We paid £795 to put him through a chainsaw course in October (there's a claw back in the contract of 75% of training course if employee leaves within 3-6 mths of the training). He had an known issue with his shoulders which, on occassion would dislocate - few days rest, all back to normal. On a job in December he was jumping into a van and one shoulder popped. It took 2 hrs to get back in (ambulances, major painkillers etc). He subsequently was off-sick, but because of Christmas & the fact he only actually worked 2 days a week it wasn't too bad and he managed to fulfil his 2 days per week through use of TOIL accrued.
Since Christmas he has been 'in work' for only 2 days. He was paid full pay for January on the understanding that (as we were told he would) for the first 2 weeks of Feb he would do 4 days/week, effectively 'paying back' the 2 weeks in Jan when he got paid but didn't work.
He didn't come back to work. Towards the end of February we received a scanned (still haven't had the original) fit note dated 22 January saying he would be unfit for 6 weeks - taking his period of sickness to 5 March. For Feb, to get the records straight he received SSP, with his period of sickness start date as 11 Feb (as he'd effectively had full pay for the 1st 2 weeks in the Jan payroll), of £128. We have been verbally informed from a familymember, not by him, that he must have operations on both shoulders and is likely to be out of action for at least 6 months. We have not received another fit note (but today is only 6 March).
So, situation is that we really can't afford to pay for an employee who isn't there and who isn't likely to be there for a long time. He is still in his probation period BUT it's complicated by the part-time, the training claw-back and by the sickness so how do we go about a fair dismissal? Is it a capacity thing? Is it a simple '1 weeks notice' paying him full pay for the week (but with the claw-back he'd be paying us)? Should we meet with him to determine likely future ability to perform the job? There really isn't any other suitable job for him to do and the job he does would likely injure him even more. All help greatly received. Thanks.
