can anyone please give me advice ?

Question

i run a small removal firm and i recently employed somone about 4 weeks ago! the problem is that he is ok at his job but his attitude towards me is disgusting he tries to tell me what to do he belittles me in front of customers if i (the boss) turns up at the place a few minuets late his head is up his backside ! he says he does not like waiting around! between housemoves he is always nipping to the shops or home i would love to get rid of him but where do i stand? he has not sighned a contract yet !

Answer 1

Although he has not signed a contract, a contract of employment does exist between you and the employee - the fact that you offered him the job in the first place is a contract for the purposes of employment law. You have to give him written terms and conditions within 13 weeks of him starting with you. So, although there are no written terms yet, your employee does have certain rights in law.
You have the right to dismiss your employee, but he could take you to an ET if the reasons for the dismissal are unfair in law. It does sound as if there has been gross misconduct here. If you decide to dismiss him, however, you have to go through the standard disciplinary proceedure which is outlined here
http://www.acas.gov.uk/index.aspx?articleid=933
If you fail to go through this procedure, he could take you to an ET and win - even if the reason for the dismissal was fair. This procedure applies however long he has been with you - things like 3 and 6 mth probationary periods are not really relevent in the Uk as you still have to go through the procedure to dismiss someone.
The ACAS helpline is also very helpful.

Answer 2

Its your company not his. You could give him a warning about his behaviour. Take him into your office just you and him and tell him his attitude is conserning you. If he has a problem with you he should be telling you in private and not infront of customers. This gives the company a bad appearance which could effect the companies performance. You need to tell him this in private as I was told that if your manager tells you off in front of witnesses its classed as bullying. Also is he on a probation period? I recommend before getting rid of him that you give him a warning as you will be on a better footing. Obviously if his attitude improves after a warning you cant then get rid of him but you wont have to look for someone new.
Good Luck

Answer 3

Hi there,

I've dealt with staff a few times before like this. I will normally sit them down, give them a written warning and explain what behavior is totally unacceptable and explain to them what behavior i expect to see from them and the consequences that will occur if they don't produce that behavior.

In 75% of cases this has solved the solution for me and we have started a really good work relationship. As for the other 25% i got rid of them soon after the warning.........

I have actually learnt to be a lot stricter on new employee's and tell them the type of behavior expected right from day 1 now. I used to let them get away with it for a couple of months while i got annoyed at them and didn't confront them about it. But now if i lay down the rules from day 1 i have found i have dropped the staff turnover rate and we all get along a lot better.

I hope this helps you out some what.....

Cheers, ToNy!
"Success. Trail"

Answer 4

Be prepared to dismiss him, if he doesn't stop behaviours that you now identitify to him as unacceptable. This would be his 1 and only chance.

If he breaks the rules, which seems somewhat likely, you wouldn't ever be able to trust his respect again, so would just sack him.

As he's working with you, it's his words against yours about what his contract of employment is - it is current, as this contract was formed verbally. You could draft 1 now and give it to him at the same time as a written notice of his misconduct. Include the likely misconduct scenarios in his contract, to make the biggest stranglehold that you can over him. He may just decide to quit, problem solved.

Good luck! Rob

Answer 5

just tell him to leave. he has no contract and you usually have a 3 or 6 month trial period when you first start a job so either party can leave or dismiss from the job. he's not really doing his job properly if he's nipping off to the shops anyway at this early stage, imagine if he was with you longer he'd be in the shops all day.

Answer 6

He has no contract, not you. How is he working for you without a contract? He's technically in a trial period. You can ask him to leave with or without notice, with one caution:

Do you/did you pay him cash in hand? Do you pay people cash in hand? Be wary if this is the case, because if he decides to tell someone, he'll get a slap on the wrist and you'd get hammered.

That's just if. Anyway, his job security isn't worth the paper it's not written on. Your choice.

Answer 7

he has no come back as it would be classed not able to do the job correctly
get rid and dont let him sign a contract
there are better people out there would jump at the chance to work for a good employer

Answer 8

After only four weeks, he has no rights regarding dismissal - you are quite within your rights to tell him sorry, but it's not working out. I would give him a week's pay in lieu of notice to get rid of him as soon as you can.

Answer 9

Simply fire him. If there is no contract yet, that's easy. If there is, I suspect there is a trial period, so you still can fire him. If there is no trial period, give him a warning and tell him to change his attitude. If he doesn't give him two more warnings and fire him them. Do not put up with it! Show guts. Do not hope he will change - he won't.

Answer 10

Grow some stones and do what's right for you and your business.
It's only a matter of time before your client base begins to suffer from this.