Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
What rights do I have as an employer, who has taken on a 30 year old woman on a 16 hours a week, basis.?
I run a small bakery shop, near Sutton. I have recently taken on (4 weeks) a local woman on a 16 hours a week basis, so she can still claim certain benefits. I am paying far more than minimum wage & my accountant has registered her for Tax & N.I. we provide a payslip etc. so all above board. But She has been so unreliable and misses days and comes in other days.Saying she was ill or needed to meet an appointment.She is insisting I tell her holiday pay status & sick pay status...I feel slightly bullied...Of course I know I must provide an employment contract....but what are MY rights, can I terminate her employ if this stress , carries on and what holiday/sick pay status relates to her 16 hours a week employment.
Thanks so much for all answers, really good advice... of course I must stay within UK law, but even advice given from USA is positive constructive advice.....I just feel that she is trying it on regarding sick pay, but unsure if I should pay any....I think I will just make my life easier and let her go...but keep all paper records in case she tries to pursue me....I will not be giving any references...that's for sure. Cheers
3 Answers
- 8 years agoFavorite Answer
You have every right to terminate her employment. The terms of her contract of employment will dictate how this should be done but as she has not worked for you for more than 2 years she is unable to make a claim for unfair dismissal (although you should be aware she could try it on for sexual or disability discrimination). I would recommend that you sit down with her and discuss your concerns especially those relating to reliability.
The next time she does not turn up you could go through a formal process and issue a verbal / written or final written warning or even dismiss her. You can get advice from a wide variety of sites as to how this should be done. By following a set procedure you will be less at risk of being sued and it will be much harder for her to demonstrate any discrimination on your part.
Her sick and holiday pay will also be defined by her contract of employment but the norm is statutory sick pay only at this point in her service and even then that isn't payable until after the 3rd day of sickness. Holidays are subject to a legal minimum of 20 days (pro-rata'd) plus bank holidays but her contract may say more.
Hope this helps
Source(s): HR Director MSc in International HR Management & MCIPD qualified - 8 years ago
Tonye is giving great advice. There should be a contract to sign. If there is not contract--verbal or written about expectations--how does she know what to do? Perhaps she doesn't listen to you because she has to much going on? Perhaps it's the same with you. If Tonye said it was legal, she could come sue you and perhaps win. Then you could lose what you worked hard to build. Perhaps if she was minorly sick and able to function, she could stay that day if not contagious. How about 2 options and if she understands for losing a privilege and let her choose?How is her cake decorating work? Is it sloppy or well designed? Does she use the kitchen or bathroom sink to wash her hands? Is she in the bathroom a lot? Is she eating the cake? Is she doing anything else suspicious? Is she forgetful or disoriented externally? How is she "sick?" In the US we have some anti-discrimination laws, but a lot of times people do discriminate against whatever outgroup whether perceived, asked indirectly, both. There's class or race or familial status or diasibility status, gender, etc. Why is she not showing up? She is demanding. What is she going though? We have laws here that provide reasonable accommodation. Whatever is reasonable is probably up to you and your budget and perhaps some with your stress levels. See what she wants as far as accomodation. More leave? No. Not unless she banks. You seemed to have worked hard or at least had something to start with. Does she bully you alone or around other people? Does this possible former friend of friend have a sense of community? Do you? Do you know how depressing it is to lose a job? Would you look down on me if I swept floors? Are you there at work when they are working? How does she act? Is she friendly with customers when she shows up? Perhaps the you, her, and the workers could get together list of resources in the drawer in the back. Could you explain her behavior to her and tell her why it offends you? How about asking her to think about what she says and you repeat verbatim what she said, and see how she would feel if someone said that to her? She may try to challenge you because you're her supervisor, but I bet she has empathy capacity. Compassionate bosses have a better time hiring employees and keeping them while improving skills and job satisfaction. You are compassionate but superficially so--at least now. I don't see empathy. How about compassion plus discipline? Could you give her 2 options--docking her pay to minimum wage or a verbal and written write up with the next time she calls in she gets booted? If she wants to be employable, she will probably be grateful for the discpline/structure. People working for low wages like to be given some free choice and options. If you appeal to a person's struggles, they will usually soften up and let you know what's going on. If you can't work with it, let her go. People tend to turn over fast when there is no agreed upon contract. How will go find better workers? There is a documentary set in your country with different people. It asks these social questions I've asked you. Which one do you relate to most? The documentary is a series and features a diverse population from. Perhaps you could benefit from more than just my side. There a documentary featuring people from your country over time. 7 Up series. You may enjoy it.
Source(s): 5 years at the same place, currently working 16 hours and am applying for gvt. health benefits. very sick but usually reliable. Degrees: psychology, social work, liberal arts, dropped out of fast track R.N. program (passed theory and possibly would have passed clinicals), tried to work two jobs but wanted to move up in pay and find a challenging and rewarding job and make some difference in people's lives. Wasn't able to afford to eat/no time to do errands or cook. All study, hospital, work when I could, got laid off because I wasn't able to fit a job I liked into the schedule by way past the contract deadline, although I intended to work there. - JabberwockyLv 68 years ago
UK - Just let her go if you're not happy. After 4 weeks she has no protection rights in employment law. You don't need to go through any warnings etc. Just tell her it's not working out and provide a P45. That's it, nice and simple.