HR Advice if possible please

[shack69]

I don't believe the paperwork for the holiday is the issue here. There appears to have been issues even before she informed you she was intending to take a weeks holiday. By the way when she told you that did you instantly tell her she could not take them, if not she could assume that was agreement. So if she is/was a good worker and the weeks holiday did not cause a problem I would let her take it paid as she would otherwise be entitled to the time off at some other point in the future.
But from what you have said you do have issues and as such you need to address those with her and set some measurable targets which you will monitor. Or if you believe as your PA you have no confidence and can not trust her any longer you may have only one option which is to release her. Depending on how long she has worked for you would depend on how you need to do that, if she only joined a couple of month ago is she still in her 3/6 month probationary period .

[Beth_Disney]

Some of the smaller businesses I work with are registered with companies that deal with their day to day HR and are able to provide information about HR issues i.e. they do the payroll, supply company policies that can be tailored and also provide ad hoc legal advice when required. One manager was telling me about the information they'd provided about the correct procedure to follow when he wanted to change the working rotas.

The Dibb is great at providing advice and there are some really knowledgeable people but, I think this is a situation that would lend itself to getting proper advice. It sounds like the employee is taking the mickey but there are processes to follow to ensure both parties are protected.

[Guest]

Originally Posted by ch1ps

Please do not do this.

You should make the meeting formal, and give notice of meeting in writing, advising why the meeting is taking place, and the potential outcomes and let employee know she can bring in a union-rep etc.

Otherwise, sacking someone at an informal meeting, employee can claim unfair dismissal.

Please speak to ACAS if you haven't already.

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I have earlier advised OP that it needs to be a formal meeting. However this employee has only been there since March and the only way they can claim unfair dismissal is if there is discrimination with respect to one of the nine protected characteristics. They cannot claim unfair dismissal because a meeting was informal, although I agree (and as I mentioned have already advised OP) that it needs to be a formal meeting.

As this is a private business, I am sure there is no union representatives and indeed a majority of private sector workers are not in unions. They can still be accompanied if they like you a fellow worker.

[Feebee2]

Hello op I employ a few people and a couple of troublesome staff have resigned before I've had to take action.
What I have decided to do, if needs be in the future is use a specialist employment solicitor.
It may cost but will save a lot of harassment. I have the name of a local one not one online, who knows what that may be.

[dee slack]

If you have Legal Expenses cover with your business insurance, there's often an advice line to call to see what is the best course of action to take to safeguard you

[Powlay]

Originally Posted by Claudette

Well I am sure it doesn’t say you can take leave whenever you feel like it without notice or approval.

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Believe it or not ive seen plenty of company handbooks that are very ambiguous, or that are totally devoid of any structure which have allowed staff to actually rock up and say im going away next week and the company not be able to do a thing about it.

Originally Posted by Minnie18

No it certainly doesn't 🙄

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Then what does it say?

[gp200ts1]

Originally Posted by lizzie145

an employee has to give twice as much notice as the holiday she wants to take. so if they want 1 week off they have to give at least 2 weeks notice.
An employer only needs to give 1 weeks notice in this case

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i can assure you there is no such rule. all leave arrangements should be spelled out in the company handbook or rules. it is a general rule that you give as much notice as you want off ie 1 weeks notice for 1 weeks leave. 2 weeks for 2 weeks leave etc but the legal version is reasonable notice. if they refuse to give notice in writing you have every right to refuse it on grounds that the business would suffer. if they take the time off without approval they are refusing to turn in for work and can be dismissed on grounds of misconduct. as a shop steward i have sat in an a few of these cases.

[gp200ts1]

Originally Posted by arl71

At a formal disciplinary meeting she has the right to be accompanied by either a union rep or a colleague, not just anyone else of her choosing, although you could allow this if you wished

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she can choose who she wants to be there with her. it's her choice not yours.

[Minnie18]

I was planning on answering the latest questions tonight as I went out a walk today.

I just got a security alert from Google that my business email password had been changed. As you can imagine I freaked out. I asked on Facebook if anyone knew how to contact Google and how I was in a panic..


5 mins later I get a pm... she had went into my business account to try read my emails. How did she even get in? I changed the business password on Sat...

My heart is still racing I thought all my clients Data had been breached.

[arl71]

Originally Posted by gp200ts1

she can choose who she wants to be there with her. it's her choice not yours.

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From the ACAS Website

Allowing the employee to be accompanied

Employees are entitled to be accompanied at most disciplinary and grievance hearings by a fellow worker or a trade union official of their choice, provided they make a reasonable request to be accompanied. Workers have the right to take paid time off during working hours to accompany fellow workers employed by the same employer to most disciplinary and grievance hearings.