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Human Resource Specialists |
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Ask Marilyn... |
Marilyn is a scholar from the University of Life. She would be thrilled to answer any problems you may have and feels it is her duty to give you advice. She likes to tackle things straight on and believes in being firm but fair.
Recent Letters
Dear Marilyn, I consider that I am a supportive manager, but I am becoming increasingly frustrated with one of my staff who keeps taking several days off at a time off when her child is ill or she has problems with her childminder. Is there anything I can do, or do I just need to continue to support her?
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Dear Marilyn , I would like to dismiss an employee as he has a really bad attitude and is not liked amongst the rest of the team. He has been with us for about 3 years now and we have just about had enough and I want to tell him not to come back in on Monday.
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Dear Marilyn ,
I want to make a team of 3 people in my department redundant as the workload has reduced. What do I need to do? Do I need to give them a big pay off?
Click here for Marilyn's response
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Marilyn would love to hear from you.
If you would like to ask Marilyn a question, email her at:
askmarilyn@peoplemechanics.co.uk
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The Letters
Dear Marilyn, I consider that I am a supportive manager, but I am becoming increasingly frustrated with one of my staff who keeps taking several days off at a time off when her child is ill or she has problems with her childminder. Is there anything I can do, or do I just need to continue to support her?
Darling, this is a common but difficult situation. Continue to be supportive but set some boundaries as well. Your employee is entitled to time off to deal to with family emergencies. However she is only entitled to enough time to make alternative arrangements, for example arranging another childminder or asking another family member to help out. The time she is taking off is also unpaid. If she needs more time away from work, for example to provide the childcare herself, then she would need to use her holiday entitlement. If the situation is affecting the business, I suggest you speak to her explaining why this is a problem and get her agreement to improve the situation. Thereafter, if there is no improvement you would be entitled to follow the disciplinary procedure to tackle the issue. I hope this helps.

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Dear Marilyn,
I would like to dismiss an employee as he has a really bad attitude and is not liked amongst the rest of the team. He has been with us for about 3 years now and we have just about had enough and I want to tell him not to come back in on Monday.
Sweetie, have I not taught you anything!!. You can not just dismiss an employee without following a procedure. The first point to consider is that your employee has more than 3 years service and would be entitled to claim Unfair Dismissal at a Tribunal. The information you have given me does not sound like Gross Misconduct, therefore you need to have proceeded through your Disciplinary Procedure. If you have done none of this so far, you need to start now.
Follow your procedure and arrange a formal meeting with him to discuss why his behaviour is unacceptable, giving clear, constructive and factual examples. Give him a timeframe in which to improve and give him feedback. If there is no improvement, then issue a Verbal or Written Warning. Again follow the stages on your procedure until you reach the point of dismissal. Then, if there is no significant improvement, arrange a formal meeting where you may decide to Dismiss. If you follow your procedure you are likely to avoid an Unfair Dismissal claim. I know this seems like a longwinded way, but if you had tackled the issue 12 months ago, then it would have been dealt with by now. 
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| Dear Marilyn, I want to make a team of 3 people in my department redundant as the workload has reduced. What do I need to do? Do I need to give them a big pay off?
You sound like you are worrying, it is quite simple. You need to advise the team that there is a potential redundancy situation and begin a consultation process with them that looks at ways of keeping them in employment. For example, are there other job opportunities, can they change their hours, is there a way to increase business?.
If after your consultation, it is clear that they are to become redundant then you need to serve them their contractual notice (which you may pay in lieu, if their contract allows) and pay them Statutory Redundancy Pay. The SRP is £280 for every completed year of service, which may be increased slightly depending on their age.
If you have a Redundancy Policy that pays in excess of the Statutory amount, then you may need to pay them what is detailed in the policy. If custom and practice means that you normally pay more than the Statutory amount, then you need to take this into consideration.
Don't forget you still need to meet with them properly to advise them of the final situation, write to them to confirm the reason their employment is ending and give them a right to appeal against the decision.

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