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Employment law

For the time being I am keeping the status quo, but interestingly the guy has called in sick the last two saturdays and I am finding out from other people that they have had "problems" with him.

As often happens in these sort of situations now others in the warehouse are saying similar things with regards over time. I have after extensive internet based research come to the conclusion that the best way of allocating over time is to do it on a points based system. So I will take into account peoples work record how quick and accurate they are, their willingness to take on new tasks and lastly attendance. Who ever has the most points gets first choice of over time.

I do not have time to implement it just yet as I am in Heathrow most of next week and the following week I have several meetings booked.

This is a challenge I was not expecting and in some respects I would be just as well off back driving about, but it is interesting doing something different to what I have done before.

O/T One of the girls in the office told me this week that she is pregnant. I was happy for her but not till I walked back upstairs did I think oh balls.

We are a company of 26 with a few casuals from agencies, we do not have a HR department. Im flying in the wind a bit.
 
Our company doesn't have an HR department so we're members of the EEF.

Any time we need employment law advice we just call them.
 
I'm a bit out of the law game, so I'd defo get some proper legal advice, but.... At the moment he has a written contract of employment with terms. He has been doing additional work over and above and getting rewarded for it. Now i'm presuming there are overtime provisions in the contract and that this says they are at the company's discretion. HOWEVER, contractual terms can be implied.

If he claims he is entitled to the 15 hours and that this now forms part of his contract and you do nothing and continue following this claim, effectively by inaction, the company is ratifying a new contractual term. You will waive your company's rights to rely on the contractual terms and potentially become 'estopped' from denying him his 15 hours.
 
Right things just get worse and worse. We on the one hand have done quite well and this guy is doing a lot of hard work even if I think it could have been done differently and saved a bit of money. We actually got a new contract so I am and everyone else is happy.

Except for one guy. He is 34 he sits in the staff room just staring at the floor and blanks walls wearing sunglasses with a hood up on his jumper. He has started talking to himself. One of the other guys in the warehouse has said he was talking about climbing onto the roof and taking pot shots at people with his air gun. I asked him about at it and he stared at me for 30 seconds trying to eyeball me then said it was a joke. I am a big guy and frankly the old me would have said Fcuk of and thrown him out the building. But i am aware I am now the manager and have to act differently.

I worked 6am-3pm and then 9pm-1am as we were doing a stock take and gone back to work for another morning shift. Brought Pizza for everyone and we had a kind of bonding session it was nice got to say they all worked hard but I am finding out more and more about this "troubled guy" according to some of the others he has an obsession with knifes.

Anyone worked with proper weirdos? I admit to being a bit of a sexual weirdo particularly in my youth but I would never want the people I work with to feel awkward. Last night I had people being quite nice to me saying they had never seen a manger do the grunt work and they feel that though I just used to be a driver I am doing a good job. It made me feel nice, but a few of them also said I have to do something with Danny because it is making them feel weird.

Can you just sack someone for staring at a blank wall like a loon?
 
If you have a Union on-site, or any are members get them involved.

Do you know if he has any dealings with mental health bods or the police ?. Talk with one of the charities about the situation.

Arm yourself with info, and have a witness around if and when you talk with him. Oh ... and a first aid kit.
 
1. Familiarise yourself with your company's disaplinary policy
2. You need to decide if what people are telling you is if genuine concern. If that comment about the air gun was recent, you need to find out more as that could be a genuine issue where you need to get the authorities involved.
3. Does his attitude affect his work or cause anyone danger? If not, then you have to detach yourself from it professionally - if he wishes to state at the wall on lunch, that is his choice. However, you could dress up being concerned by having informal personal development conversations with people - and ask him in a conversational style if he has any issues? (Ie. Ask if there is anything he needs to develop and generally be open. He May open up. He may not.)
 
There's no crime in being a weirdo. But if he makes anymore 'jokes' that involve hurting people, call him in and warn him that threatening staff or assaulting them would constitute gross misconduct and instant dismissal. And that you don't want to see him lose his job, so he would be best advised to stop making 'jokes' that could intimidate people.

I'm not a manager, just a warehouse douche, so pinch of salt required for my input.

I'm all for workers rights, but your other workers have the right to not be intimidated by someone acting the qunt. Though if he wants to stare at walls, then that's up to him.

On an unrelated note, if someone needed filling in at work, there's no cctv in the toilets and it'd be easy for them to walk into the door as you opened it.
 
P.D. said:
You can get rid of anyone within the first 2 yrs of employment I believe without needing a reason, think the Tories changed it. See the below link.

https://www.gov.uk/dismiss-staff/eligibility-to-claim-unfair-dismissal
Click to expand...

But not giving a reason would open you up to the possibility of all manner of auto qualifying reasons.
Also-why is that even being mentioned!? The guy is a bit weird, but still doing his job. No reason to get rid of him.
Aggressive and threatening behaviour is though.
 
monkeybarry said:
But not giving a reason would open you up to the possibility of all manner of auto qualifying reasons.
Also-why is that even being mentioned!? The guy is a bit weird, but still doing his job. No reason to get rid of him.
Aggressive and threatening behaviour is though.
Click to expand...

I didn't suggest he should be sacked, was just stating the recent regulatory change.
 
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