Work problem

molliepops · 15/12/10 - 12:44

I've been asked to sack a member of staff and I'm not happy about it. I understand why my boss wants her out but to do it at this time over this situation just seems too cruel. Her son died and she didn't let us know she wasn't coming into work, still hasn't contacted us after two weeks of absence (believe she is now in Pakistan where she could be in mourning for up to 40 days), and we only know what has happened because the postman told one of the security guards.
Question is if I refuse to do it could I lose my job too ?
Nothing in my contract about anything like this situation and I am not normally asked to be involved I just supervise the work not discipline or hiring/firing.

gomezz · 15/12/10 - 12:46

If you are not trained in employment law you could be opening a whole can of worms for your company.

MarzBar85 · 15/12/10 - 12:51

molliepops wrote: »

I've been asked to sack a member of staff and I'm not happy about it. I understand why my boss wants her out but to do it at this time over this situation just seems too cruel. Her son died and she didn't let us know she wasn't coming into work, still hasn't contacted us after two weeks of absence (believe she is now in Pakistan where she could be in mourning for up to 40 days), and we only know what has happened because the postman told one of the security guards.
Question is if I refuse to do it could I lose my job too ?
Nothing in my contract about anything like this situation and I am not normally asked to be involved I just supervise the work not discipline or hiring/firing.

If you're Supervisor, AFAIK you don't do hiring and firing. That is Management's role.

Tictac2 · 15/12/10 - 12:55

molliepops wrote: »

I've been asked to sack a member of staff and I'm not happy about it. I understand why my boss wants her out but to do it at this time over this situation just seems too cruel. Her son died and she didn't let us know she wasn't coming into work, still hasn't contacted us after two weeks of absence (believe she is now in Pakistan where she could be in mourning for up to 40 days), and we only know what has happened because the postman told one of the security guards.
Question is if I refuse to do it could I lose my job too ?
Nothing in my contract about anything like this situation and I am not normally asked to be involved I just supervise the work not discipline or hiring/firing.

Tell your boss you're not comfortable doing it and would like the presence of an HR manager in the meeting with the person (assuming you're not sacking them by post!). Go over with the HR person the exact grounds for the dismissal (e.g. areas of the staff handbook where company policy has been breached).

molliepops · 15/12/10 - 13:03

Will do that thank you, small company no HR just boss and two supervisors so I will tell him I don't feel happy doing it and see what he says. He isn't usually a harsh boss but I think he feels this is the straw that has broken the camels back so to speak.

JazzSP8 · 15/12/10 - 13:07

Well then tell HIM to look up Employment law, employees are surpisingly well protected against this kind of thing these days...

[Deleted User] · 15/12/10 - 13:09

Regardless of the circumstances by not informing you of the situation and making no contact for two weeks she's walked out of her job and breached her own contract of employment. As far as you're concerned her contract has ended and so the company should write to her and explain that, not you.

As for the actual circumstances of the departure you're finding this out via the security guard who heard it off the postman. I wouldn't give this any credence at all unless she lets you know herself.

gomezz · 15/12/10 - 13:12

Prontopro wrote: »

by not informing you of the situation and making no contact for two weeks

A huge assumption right there.

Keefy-boy · 15/12/10 - 13:14

molliepops wrote: »

Will do that thank you, small company no HR just boss and two supervisors so I will tell him I don't feel happy doing it and see what he says. He isn't usually a harsh boss but I think he feels this is the straw that has broken the camels back so to speak.

Depending on how long this person has worked for the company, and how good a worker she has been, I don't on the face of what you have said think this is harsh. A small company usually cannot afford to carry staff who aren't coming to work for very long.

Regardless of the terrible circumstances she showed no consideration to her employer, she could have got someone else to phone the company if she didn't want to do it herself.

However - how does he expect you to sack her? Personally I think this is a situation where sacking by letter would be appropriate but it should be written by someone in the company who knows what they are doing. It certainly appears somewhat cowardly to dump this on you.

[Deleted User] · 15/12/10 - 13:14

gomezz wrote: »

A huge assumption right there.

????

It's in the original post. No assumption made at all.

bossoftheworld · 15/12/10 - 13:18

I think the company director or owner has to do this and before they do could they not get a solicitor to draft a letter for them just in case there is any comeback.

It wouldn't be worth the hassle if the person took them after being fired for unfair dismissal.

molliepops · 15/12/10 - 13:20

gomezz wrote: »

A huge assumption right there.

No one is assuming it's fact that she has not contacted work and has not been in for two weeks.

molliepops · 15/12/10 - 13:23

Keefy-boy wrote: »

Depending on how long this person has worked for the company, and how good a worker she has been, I don't on the face of what you have said think this is harsh. A small company usually cannot afford to carry staff who aren't coming to work for very long.

Regardless of the terrible circumstances she showed no consideration to her employer, she could have got someone else to phone the company if she didn't want to do it herself.

However - how does he expect you to sack her? Personally I think this is a situation where sacking by letter would be appropriate but it should be written by someone in the company who knows what they are doing. It certainly appears somewhat cowardly to dump this on you.

I think he has asked me to do it because he just wants her turned away when she finally comes back to work (he isn't on site often so needed someone who is).
As I previously alluded she isn't the best worker we have ever had and if she hadn't done this it was only a matter of time before it all came to a head for her.

Keefy-boy · 15/12/10 - 13:23

bossoftheworld wrote: »

It wouldn't be worth the hassle if the person took them after being fired for unfair dismissal.

We don't know how long she worked there. If it is less than a year that would not be an issue.

molliepops · 15/12/10 - 13:27

Keefy-boy wrote: »

We don't know how long she worked there. If it is less than a year that would not be an issue.

She has been there for 4 years but has got 3 verbal warnings and 2 written for various things (usually not signing in and out at correct times and also not doing her job well).

gomezz · 15/12/10 - 13:27

molliepops wrote: »

No one is assuming it's fact that she has not contacted work and has not been in for two weeks.

Until and unless you speak to them you cannot know for sure there has been no contact (or attempt at contact). Presumably you have been asking yourself why your boss is getting you to do their dirty work? You really do need expert advice before actioning this.

bossoftheworld · 15/12/10 - 13:29

molliepops wrote: »

She has been there for 4 years but has got 3 verbal warnings and 2 written for various things (usually not signing in and out at correct times and also not doing her job well).

If she already has those warnings against her I can understand why her boss wants her out.

If it's a small company you really need to have dependable workers.

Still think your boss/owner should deal with this and I still think it would be good to get a solicitor to send a letter informing her she is no longer required.

Just my opinion though:D

frost · 15/12/10 - 13:32

molliepops wrote: »

No one is assuming it's fact that she has not contacted work and has not been in for two weeks.

They've not done it to go on a jolly around the seaside though have they? their kid has died. I am sure they have more pressing concerns than whether they remembered to let you at work know.

molliepops · 15/12/10 - 13:32

gomezz wrote: »

Until and unless you speak to them you cannot know for sure there has been no contact (or attempt at contact). Presumably you have been asking yourself why your boss is getting you to do their dirty work? You really do need expert advice before actioning this.

Well she is supposed to ring me if she can't get in so I can cover her work and I haven't heard from her. And I believe my boss when he says she hasn't rung him either.

molliepops · 15/12/10 - 13:33

frost wrote: »

They've not done it to go on a jolly around the seaside though have they? their kid has died. I am sure they have more pressing concerns than whether they remembered to let you at work know.

I know and that was why I am not happy doing it - as stated in the original post.

RAINBOWGIRL22 · 15/12/10 - 13:54

Has no-one called her?

If I wasn't in by 10am without a call to my office someone would ring (to make sure I was OK if nothing else!)

molliepops · 15/12/10 - 14:18

RAINBOWGIRL22 wrote: »

Has no-one called her?

If I wasn't in by 10am without a call to my office someone would ring (to make sure I was OK if nothing else!)

We aren't allowed to call employee's if they don't come in I thought that was normal as all my jobs have the same rules as do my husbands

[Deleted User] · 15/12/10 - 14:30

molliepops wrote: »

We aren't allowed to call employee's if they don't come in I thought that was normal as all my jobs have the same rules as do my husbands

Really? Wow I didn't know that, is that usual these days? It used to be that work couldn't contact people off sick, but I didn't know that they're not allowed to ring if you didn't turn up for work.

RAINBOWGIRL22 · 15/12/10 - 14:37

Killer Smurf wrote: »

Really? Wow I didn't know that, is that usual these days? It used to be that work couldn't contact people off sick, but I didn't know that they're not allowed to ring if you didn't turn up for work.

I thought the same?

JazzSP8 · 15/12/10 - 14:40

My boss has rung me before now when I've been late and we've got one of the strictest HR departments in the world (well, possibly not but they like things done right).

... In fact I don't think I've taken a holiday in the past 3 years without getting at least one phone call from work ...

Also they contact people when there off sick to arrange 'home visits' with people who've been off for extended amounts of time.

molliepops · 15/12/10 - 14:55

Killer Smurf wrote: »

Really? Wow I didn't know that, is that usual these days? It used to be that work couldn't contact people off sick, but I didn't know that they're not allowed to ring if you didn't turn up for work.

I'm not swearing it as fact just what the companies myself and my husband work for - could be they are allowed just choose not to do it

Hey there!

Quick Links

Work problem

Comments