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Not worth the paper it’s written on

Written by Carolyne Wahlen

We recently had a situation at a client who had been “too nice” to a new employee.

You might think it’s impossible to be “too nice”, but hear me out:

The client had employed his first female in his fairly new business.

In her first week of work, she was off one day sick and went home early another day.

In the first week!

He rang us and we discussed parting company with her, but at that stage we thought she had haemophilia, which would have been protected under disability discrimination.

He did a return to work interview with her where she said it was actually anaemia that was causing the problems (not a disability) but was then back at work for the rest of the month.

However…

When the second month rolled around, she called in sick every day of the first week.

And when I say “called”, I actually mean, “got her mum to text in on her behalf”.

We decided to go ahead and terminate on the grounds of not following the sickness absence procedure.

There was one small snag in that she’d never been given a contract, and we couldn’t prove she’d seen the handbook, but we went ahead, dismissing her for not following the procedure.

A week or so later, our client received a reference request for her new job, which makes it highly unlikely that she’ll start a case against us.

There’s an important point here though: the contract was not worth the (electronic) paper it was written on because it had never been given to the employee.

Some employers feel uncomfortable asking the employee to sign the contract, if they don’t volunteer to.

The best way we have found to get things signed and start the working relationship on the right foot is:

  • Send them the electronic copy of the contract and handbook, as pdfs, before they start
  • Ask them to read the contract in full
    • Advise them that you will print out two copies for them to sign on their first morning
    • If they have any questions, please ask in advance
  • Ask them to read the most relevant sections of the handbook in advance
    • Sickness
    • Holiday
    • Code of conduct
    • Disciplinary
  • Also ask them to bring in their passport on their first day so you can take a photocopy (which of course you are already doing to avoid a fine of £20k for unwittingly employing an illegal worker, right?!)

Remember, your employees are not doing you a “favour” by working for you. It is a two-way street, and they always have the ability to leave, unlike us business owners!

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About Carolyne

Carolyne has run a successful business since 2003, is a well-respected speaker, and author of all things HR. There are many, many business owners across the country who have had their very stressful employee issues magically disappear because they’ve teamed up with Carolyne and Gap HR.

Why Gap HR?

We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager. Over 180 clients benefit from the experience and expertise of the Gap HR team.

 

Call us on 01491 598 600

Email me on cw@gaphr.co.uk

 

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Ask a Question

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Deb Green, Vermatech Pest Control

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Justin Wilkie, 2Excel Logistics

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Ashley Lewis, Wallingford Tiles and Bathrooms

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

Helen Gordon, Kitecreative

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

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“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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