How to handle this situation with staff manager

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    No not seeking to take on anyone else at all; would be more than willing to step up myself but have no background.
    Sorry I misunderstood your comment, you really need a professional who can advise you, if you try to do it yourself you could end up in a bad situation
     
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    Newchodge

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    Definite food for thought. Am wondering how complicated it is to taken on HR responsibility for a SME without qualifications or prior experience?
    You outsource it to a professional. You pay them a monthly fee and they deal with your issues. Your role would be to,liaise with them and to confirm ad implement their proposals.
     
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    Rincewindwiz

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    Aug 2, 2022
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    The advice on what to do above is sound. You MUST treat this person as just another employee and NOT a family member - failure to be impartial in this respoect will only lead to more complications.
    if this is too hard (due to the fmaily connections) I agree that best is probably to hire a professional to
    - review where you are at
    - follow the process recommended in the link in post #10
    - handle ALL dealings with the person concerned
    Good Luck
     
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    fisicx

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    The other advantage with bringing in outside help is they have no familial connections. They will just look at the facts and advise on the best course of actions.

    My wife who has a lot of experience in these matters suggested the gross misconduct path. Very easy to prove and enforce. But first thing is to prevent access to the building. Hire a security firm today to escort them off the premises before they even get out the car.
     
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    BlueSky2019

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    The other advantage with bringing in outside help is they have no familial connections. They will just look at the facts and advise on the best course of actions.

    My wife who has a lot of experience in these matters suggested the gross misconduct path. Very easy to prove and enforce. But first thing is to prevent access to the building. Hire a security firm today to escort them off the premises before they even get out the car.
    Thank you; really grateful for the advice.
    Would be easier to source out the HR but currently no money to pay anyone.
    However, of course if we get rid of this person that might free some up!
     
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    fisicx

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    You can’t afford not to get professional help. You don’t need to employ someone, there are plenty of HR agencies that will work on a short term contract.
     
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    Newchodge

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    From memory the FSB offer free advice to members, might be worth considering as a stop gap joining.
    I am not sure advice is enough here - The OP needs someone to act on their behalf, which the FSB does not offer.
     
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    ethical PR

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    So, I am insisting things are done correctly going forward.

    I/we believe that realistically the only solution is for him to go. There is no coming back from this but it needs to be done in the least disruptive way possible for our sakes.

    Disciplinary meeting and final written warning?
    Instant dismissal?
    Offer redundancy?
    You need to follow your companies HR policies around disciplinary procedures. You have to make sure the process is legally compliant. Your company HR person should be able to advise.
     
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    fisicx

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    Bob Morgan

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    I think all the above from the usual suspects is a load of old b£££££ks :)
    I think you're in the wrong job
    It would be best suited for someone that has the skills set to handle the situation or the business may go to wall

    Hope this helps
    Can't wait for someone to ask if he has 'Business Use' on his car insurance, so is unable to attend the Showdown! :)
     
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    WaveJumper

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    JEREMY HAWKE

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    Can't wait for someone to ask if he has 'Business Use' on his car insurance, so is unable to attend the Showdown! :)
    Does he have business use on his crappy Renault Clio?
     
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    BlueSky2019

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    So just to update, we have taken advice and it seems our 3 options are:
    1) Final written warning and undertake investigation in meantime
    2) negotiate a settlement to leave
    3) combination of 1 and 2 - go now with £x or leave with nothing if investigation proves misconduct.
    3) push straight for GM, although likely to be difficult to prove as no immediate action was taken at time.
     
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    HFE Signs

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    So just to update, we have taken advice and it seems our 3 options are:
    1) Final written warning and undertake investigation in meantime
    2) negotiate a settlement to leave
    3) combination of 1 and 2 - go now with £x or leave with nothing if investigation proves misconduct.
    3) push straight for GM, although likely to be difficult to prove as no immediate action was taken at time.
    I would struggle with option 2 if someone has been dishonest, for me it would be GM and on your bike (obviously done correctly). Lesson for the future always have a meeting, document, date and file anything you are not happy with. Good luck either way
     
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    Newchodge

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    So to be clear and to quote:
    1. Go for disciplinary and look for final written warning
    2. Settlement
    3. Dismiss for GM and wait to see what happens. Can always reinstate or settle before tribunal (not advised).

    Suspension/demotion not advised
    Why is suspension not advised? If the misconduct is serious then not suspending can be fatal to a decision to dismiss. You weren't worried about the misconduct continuing as you did not suspend, but it was so serious that you have dismissed?

    I think you may have misunderstood whatever advice you got - it should be:

    1. Do nothing, let it continue
    2. Suspend, hold an investigation; if there is evidence of misconduct hold a disciplinary hearing and decide, based on the hearing whether to take no action, give a warning at some level or dismiss
    3. Settlement

    Demotion is not an option unless it is specifically allowed in the disciplinary procedure.
     
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    I wouldn't presume to offer HR advice (being of the 'why can't I take them round the back and shoot them ?' school of management), but I sense a danger here....

    Unless you take an immediate, (suspension and investigation) and irreversible (dismissal) action you'll end up with this person saying "Oh, I'm terribly sorry, I didn't realise, it won't happen again, I'll do better from now on blah blah blah" and your husband will go "Phew, that's a relief, let's give it another go, saves me a pile of time and aggravation"

    Let that happen and in a month or two you'll be in exactly the same situation and all your power will be wet.
     
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    BlueSky2019

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    Husband is inclined to offer him a months wages to go immediately without any fuss.
    If he refuses suspension, investigation and dismissal is plan B.

    He has written statements from 2 of the factory guys that manager told them he would claim extra hours to bump wages up. Trouble is proving it
     
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    Newchodge

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    Husband is inclined to offer him a months wages to go immediately without any fuss.
    If he refuses suspension, investigation and dismissal is plan B.

    He has written statements from 2 of the factory guys that manager told them he would claim extra hours to bump wages up. Trouble is proving it
    The written statements are proof. What has the employee said about it? What is the normal procedure for approving overtime?
     
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    WaveJumper

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    My worry with that chain of events is it could be construed as constructive dismissal i am sure @Newchodge will have a much more informed view on that. Not sure why your not just going down the route of suspension, investigation etc. Just remember you can't assume dismissal before you have done the investigation (don't even mention the D word) put the facts to him and then review the situation / facts then if warranted dismiss.
     
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    Newchodge

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    My worry with that chain of events is it could be construed as constructive dismissal i am sure @Newchodge will have a much more informed view on that. Not sure why your not just going down the route of suspension, investigation etc. Just remember you can't assume dismissal before you have done the investigation (don't even mention the D word) put the facts to him and then review the situation / facts then if warranted dismiss.
    I think from memory, that he has bee there for 10 years, in which case he is entitled to 10 weks' notice money. However the OP seems determined to follow their own plan.
     
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    BlueSky2019

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    I think from memory, that he has bee there for 10 years, in which case he is entitled to 10 weks' notice money. However the OP seems determined to follow their own plan.
    I think from memory, that he has bee there for 10 years, in which case he is entitled to 10 weks' notice money. However the OP seems determined to follow their own plan.
    No I’m really not and totally appreciate all the advice.
     
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    Newchodge

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    Newchodge; so I’m clear what would you say is the best course of action?
    Depending on what misconduct you believe has happened, if it is serious and likely to lead to dismissal if proved, suspend, investigate and hold a disciplinary hearing if the evidence warrnats it. Decide what to do based on the evidence at the hearing. OR, if you must, invite them to a protected conversation, at which you can offer a settlement for them to leave, without the conversation being used against you.
     
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    MBE2017

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    It was so much simpler in my day, I used to offer such guys two choices.

    1- I agreed to accept their notice with immediate effect, regretfully and give them a reference.

    2- I would conduct a full investigation into the thieving I knew was going on, and after the investigation I would be calling the police or taking out a private prosecution for full restitution etc.

    Only ever had people choose option 1.
     
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    BlueSky2019

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    It was so much simpler in my day, I used to offer such guys two choices.

    1- I agreed to accept their notice with immediate effect, regretfully and give them a reference.

    2- I would conduct a full investigation into the thieving I knew was going on, and after the investigation I would be calling the police or taking out a private prosecution for full restitution etc.

    Only ever had people choose option 1.
    If only!
     
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    fisicx

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    Regarding the authorising of overtime there has been no gate keeping ?
    Brother has been able to both authorise and send to payroll.
    Husband trusted it was being done honestly
    Which means it’s fraud. A criminal offence under the fraud act. Which means you can offer the alternatives suggested by @MBE2017

    Have you suspended this person as suggested? Have they been escorted off the premises?
     
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