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Advice please. I have a member of staff that I am going to have to sack when she comes back from holiday - things have come to light since she has been away that makes her departure inevitable...

As she works at both clinics she has got some of the clinic equipment at her house as we take things to each clinic from home as and when they are needed. She has got a screening machine worth over £1k and some bits and pieces that one of the other girls has leant her. According to the rumours I am hearing she may have sold some of the stuff but unless I can prove it I guess I am on a sticky wicket? I never asked for a receipt for the screening machine when she has had it - it's not something I ever thought about doing but in hindsight i should have done but it's only me and a couple of therapists so i didn't think it was neccesary.

Obviously if she has been selling my stuff then she won't be able to give it back so where do I stand legally and morally? Both she and I will know she had it last but I'm not sure how I can prove it? I don't know where she sold it or to who but if she can't produce it when I ask for it when she comes back from the Algarve what options do I have?

Thoughts? Thanks.

Do you owe her any wages? If so, I suggest you withhold them in lieu of the equipment she owes you. You should be clear with her by including the details in any letter you send her to confirm her departure from your firm.

Be careful though, you do require some element of proof that she has sold company goods. A rumour is not good enough reason at an Industrial Tribunal

yup

withold wages - can you prove she took things home? And not someone else?

Hiya Dingdell,

Firing someone can be quite tricky and depends on quite a few factors, usually you have to issue a verbal, then written then final warning unless you have evidence of gross misconduct.

Really, It depends how long she has worked for you. Less than a year and it's not a problem, more than a year and she could push her luck and try for constructive dismissal on the grounds that you are forcing her out with false allegations. First you need to clarify if she has actually sold your equipment or if she still has it, despite the rumours. Also have a look at your employee's track record such as customer complaints, timekeeping, attendance etc to see if there is anything concrete you can use.

In the first instance try to get your employee to return your equipment when she returns from holidays, offering a week period with which to do so. You never know, you might get it back.

I'd also suggest phoning Acas http://www.acas.org.uk/index.aspx?articleid=1339 who are an advisory service for both employers and employees. The service is free and they are a wealth of information and can guide you through any legal difficulties in order for you to keep your actions within Employment Law. Should things get even more problematic they are able mediate if required.

Hope everything turns out okay for you

xx

Are you sacking her because she sold the equipment (allegedly) or for something else and you have also heard she sold the equipment?

I'd be very careful u can prove the allegations your making cos employment law is pretty complicated

The last company I worked for had to sack someone for gross-misconduct.  He had a company laptop at home and also the office key.

When he caught wind of the fact his game was up he wrote an aggressive email threatening the company (it was a company of 5 people) and the MD with unfair dismissal and all sorts of other things.  The MD wasn't having any of it, and demanded the laptop and office key be returned.  The (ex)employee said he was keeping them in lieu of the wages he was owed and the several months he was demanding on top of that for his unfair dismissal.

The MD got the police involved (for theft of the company property), and they were reluctant to do anything at first, stating it was a civil matter as the ownership of the property was in dispute.  However, something else must have interested them about the employee, as they arrested him in the middle of the night, and confiscated the laptop and the keys.  They were obviously interested in the computer for whatever reason and what was on it, and so they told the MD that they'd be keeping hold of it for their investigations.  5 months later and he still hadn't got it back!  I'd since left the company to go self-employed, but the last I heard was that the company still hadn't got the laptop back and that was at least 9 months from when it all started.

In hindsight I think it's best to make sure that any expensive equipment is signed for by the employee on a document stating that it's the company's property and must be returned on demand, etc.

Best of luck with it - doesn't sound like a very pleasant situation.

Thread is useless without pics of staff.

Dingdell: I'm sorry but I'm going to have to sack you.

Employee: Why?

Dingdell: Because you've been taking the piss.

Employee: I thought that was my job?

Dingdell: No, it isn't - you've been sticking the tube in the wrong place.

-------

Hope I have been of some help Tracey.

Don't sack her..after a week say you need the equipment for something..when you get it back drop kick her arse out the door... hey you would love to work for me eh ?

Thanks. Basically I needed the screening machine for a client today and realised that she had it - and she is on holiday so i rang her daughter to arrange to pick it up. Her daughter said she didnt know where it was and I asked her to ring her Mum and find out. She now denies ever having it and isn't answering her 'phone - she is deffo on holiday as the phone has a foreign ring when i ring it.

who gave her the equipment

if you have heard a rumour that your employee has sold your machine ,she may have also heard a rumour  that you are on to her,from the same grapevine.
a opptuion may be to get a friend of yours who she dousnt know at all to book a treatment with her that will definatley require the machine,then once friend has seen machine your agent or yourself enters removes machine giveing soon to be ex employee a note stateing machine should not have been removed from your clinic without proper authoriety.
if employee refuses your friends booking that may meen she has already sold machine and its not retreeviable,or if she has sold it and borrows it back for booking you have chance to grab your property,

if all of the above fails orrganise a popular rebel upriseing against her with lots of posters of her being burnt and towns being tacken by firstly rebel forces then retacken by her ,you will need a no fly zone and full western media support ,might have to call in a few favours from celeb friends,im sure edna would do a smashing on the spot kate addie in down town beiruit type action report from the battlefield....whielst dick lynch is the obviouse choise for a clip of some one who is suffering because they are deprived of the essential  services the life changing machine would have bought to him,a few close up clips of dick saying...you what,youwhat....what did he say..you what,will surley melt the hardest of souls,

of cource keep ypur eyes out for a counter revolutiion when your soon to be ex employee claims that she and you are realy partners and you actualey owe her money and half the equipment etc etc

i hope this gives you a few pointers ,good luck and if you have any future probs just post and i will gladly give freely of my time and knowledge,personal intimate probs a speciality....

Don't know how big your company is, but surely when this girl was employeed in the 1st place, a contract would have been signed...T&c's etc.

Within those T&Cs and contract, you must have a part stating all company property is just that, company property,, and is loaned for home or business use.  It is to be returned whenever requested...etc..etc.

It seems the firing reason isn't the screening item, but other reasons...but now you want it back you can't get it, so assuming either she knows she is about to be sacked...or has no idea..but doesn't have the screen, so not taking calls.

Go round to the house to get YOUR / COMPANY property back...or / and a signed Royal Mail letter asking for it.."following attempts to contact you via phone and e-mail after your holiday...."

then set up a signing process for all property that leaves the office...no signeee...no releaseee

Tracy

Will post in more detail shortly but you cant deduct money from her wages unless you clearly have the right written into her contract.

Just need to fix my computer and I will do a proper reply.

Poorly disguised "I got sacked for having porn on my laptop"

Right back on the normal PC, feel free to reply to this by PM if you want.

What do you have in place, do you have contracts? Do you have written confirmations of employment? Do you have an employee handbook?

It would be easier to try and recover the property whilst she is employed. Request the unit back, agree some sort of repayment terms if it has gone missing and she admits to it.

There are no grounds for constructive dismissal, I think Trips meant unfair dismissal. This would be if you didnt follow the correct procedures when sacking her. This can only be claimed if you have 12 months continual employment.

Anyone has the right to claim wrongful dismissal and this is usually sought on the grounds of discrimination due to sexual orientation, disability, race etc.

A few more details on how long she has been there and what she has done and I can advise you a lote better on this.


If you dont get the equipment back then you cannot legally withold wages unless you have a signed authorisation to make deductions from the employees wages. Note that this must have been in place before the incident. Even if she agrees to you deducting the money now it would still be illegal to do so.

If you do deduct the money from her wages illegally ACAS will be on your case with tribunal paperwork. Her having taken the unit will be a seperate case and will have no relevance to you deducting her wages.

ACAS are incredibly biased towards the employee and I would recommend not ringing them for any sort of advice, as they wont give it. They will only tell you the rules.

So in summary personally I would wait till she returns to work, try and get the equipment back, then sack her. I wouldnt mix the two as it sounds like you have seperate reasons for sacking her. In her termination letter list what is to be returned, when she doesnt return them I would involve the police.