Terminating an Employee

[pvcprinting]

It is with regret that we have to finish one of our employees

She just is not cutting it in the salon and we feel we have to move on now or allow the business to continue to suffer

She has been in our employ since Oct 06 and is still on probationary peiod with us after we extended it to give her another chance to shine

Question is:

Under our terms, whilst under probation either side could give 2 weeks notice...If she decides she does not want to work her notice period are we obliged to pay it her?

Cheers

Pete

 

[theguvnor]

From what I can remember from my time as a depot manager, she is obliged to work her notice. If she walks out, then I would have said that would be a breach of her contract, she is not making herself available for work so she just gets paid what she has worked. Just one point, make sure you have ticked all the boxes in giving her a second chance, i.e made her aware she had to pull her socks up.

 

[creospace]

Didn't you post about this employee before?

I would say give her 2 weeks money and ask her to leave, far less fuss then!

 

[Cornish Steve]

It's so sad that you even have to think about this. If someone doesn't deliver value, they should go - end of story. If someone doesn't work, they don't get paid - end of story. If that person wants another job, they must work harder or more flexibly or learn new skills. If an employer wants to lure and keep the best staff, they must pay them well and treat them well. This is the free market at work.

Why do we always have to look over our shoulder to see what government rule we're breaking next? How can small businesses ever grow in such a bureaucratic mire?

 

[mumper]

Don't you think terminating the employee is a bit OTT? Wouldn't it be fairer to terminate her employment instead?

 

[clickprofits]

I thought the same thing when I saw the thread title Though you were asking for advice on hiring a hitman or something!

 

[sjbeale]

If you would like her to work her notice you must ask her to do this, if she wants to leave immediately she can and you just don't pay her.

Under 12 months service it is much easier to end the employment relationship without fear of tribunal.

 

[bwglaw]

Under 12 months service it is much easier to end the employment relationship without fear of tribunal.

Provided the dismissal is not discriminatory, which we have no evidence of here without knowing the full facts.

The OP needs to assess the situation as to whether it is safe to keep the employee on the premises whilst working his/her notice and possibly put the business at further risk i.e. damage to reputation, equipment, etc. Is the employee going to perform her contract to its full extent in the last two weeks of his/her employment?

If you feel the employee will be a risk to the business then terminate the employment and give two weeks pay in lieu of notice - the employee will then be on 'garden leave' - not sure if your contract provides this

Jonathan