Employee announced they are taking a week of unpaid leave starting on Monday- can anyone advise me?

[Stickwithit]

I run a small business with a business partner. On Friday one of our managers was 'pulled up' for a fairly serious customer service issue. I am wary of giving all details as my employees wife may well be a mumsnetter.

He had been informally spoken to on a number of occasions about this issue, on Thursday was the last time. It happened again on Friday resulting in an upset customer. My business partner was really annoyed and in her words (I was not there at the time), did raise her voice and ask how this had happened again.
The employee has been with us over 10 years, he is valued and generally good at his job but this really is a simple customer service issue that we know is upsetting customers. Our business survives on it's reputation for customer service.
Anyway, at the end of Friday the employee went to my business partner and said he would be taking a weeks unpaid leave starting on Monday. He knows that we are running on skeleton staff and this will cause major problems.
We used to get employment advice via a legal helpline but rarely used it and have not registered this year as part of a cost cutting exercise.
I don't think he can do this ,

Stickwithit - do contact ACAS, their advice is free. Explain all the circumstances to them and they will advise you accordingly. I have used them for myself and have found their advice to be clear.

From what you have described I think you have to start getting formal with this employee. There will be steps to follow. ACAS will advise but I think you need to treat the two things of customer service and taking leave without notice separately. Dont mix them up.

You need to record these two issues as disciplinary issues. Even if verbal they need to be written down and recorded in his file. This will then mean that it is evidence if you need to take things further. You have started a process which does not have to end in dismissal but can if it needs to. If you dont deal with these issues this time then he can argue that you have implied terms in his contract.

Stickwithit - my DH said that you have to now look at this employee and decide whether he has flipped from being an asset to a liability? If so is this something which can be reversed? If not then it is time to get him out of your business (following correct process) and replace him with someone more worthwhile.

See if comes in on Monday and you could even email him today and say is it true he is not coming into work next week and on what basis is that? Just then see what he says.

As somenoe said above what is your aim.He's been there for 10 years and sounds like mostly he's fine so the best result is he cheers up, agrees not to do whatever he's been getting wrong again and everyone calms down.

If instead you want to be rid of him as people say above speak to ACAS. most money is paid out not necessarily where people don't have grounds to sack or discipline someone but because they get the procedures wrong and there is a lot on that on the ACAS and direct gov web sites.

Also "if in doubt say nowt" - the more people say the more legal trouble they get into usually so fi you're unsure do and say nothing for now.

I wouldn't contact him today. See if he appears on monday andcallhim if not. Agree re the websites recommended, they will also detail what he would be told as an employee.

Either way, and however you decide to to deal with it there does seem to be an underlying issue. Ime an employy who tries to get their own way by threatening to leave and then getting their own way will get worse as they think they are in control and can call the shots.

Stickwithit have you checked your business insurance many policies include cover for employment issues and they may offered cheaper advice or even free to avoid you making mistakes that could cause them to need to pay out for a tribunal. Also some of the business banking is now offering very good value employment law advice.
Just reading all your posts as another small business employer who has encountered similar problems I have a few future suggestions. Do you a have a holiday request policy in you contracts? After similar problems we introduced one we require requests to be submitted at least 30 days in advance of the holiday asked for on a written request form that must be signed by a partner. We also use this form to record whether we require cover and whether it has been arranged and with whom. Whilst this will not help you now it could in the future.

You say you can't afford legal advice -
Well you need to pay for legal advice. If this goes all wrong and he ends up suing you for constructive dismissal or something it will cost you a hell of a lot more.

You can't get your legal advice off a free chat board. If you are running a business, do it properly. Phone a lawyer, get some advice - it will probably cost you £200 or so

Freshmint nobody is posting "legal advice". This is about following the right procedures which are publicly available on Acas website and others.

Constructive dismissal is hugely hard to prove for the employee. "At regular intervals you upset customers, and then refused to work differently so this wouldn't happen again" may well be an adequate defence for the employer. This guy can't just strop off and sue OP's company for thousands, it doesn't work like that.

It's one of the reasons I suggested looking at the employee advice on direct gov, it clearly sets out what an employee should be doing ie what the op should expect.

I'd go for the option of phoning him up telling him to get his ass in on Monday or not bother coming back at all.

Just on the 'employees not employers' point, this is an open forum and of course business owners are entitled to ask for advice just as employees are.

However, speaking for myself, I spend a lot of time giving free professional advice to employees on here, but because my clients are small businesses with employment problems, I don't consider it fair to paying clients to give free advice to similar organisations on the internet. I'm speaking personally but I know there are others who give free advice on here who do it professionally for paying businesses and feel the same way.

The OP is asking for legal advice, which is fine, but I do agree with those who have said that professional advice is what is needed. ACAS is one option, which is free, otherwise there are various websites which might help, or lawyers/HR consultants can help - it's not necessarily a case of spending a fortune on solicitors's fees or legal helplines.

Hope you get it sorted OP, sorry I can't help but I think you've been given some options and I just wanted to explain that one point a bit further.

OP - are you a member of the FSB? Their employer's legal hotline is brilliant.

Secondly, and on a non-legal point, what effect do you think this employee has on your other staff? So if they see him not following the rules or getting what is perceived to be extra holiday, why wouldn't they do the same? You cannot let this go on. This is a business, not a charity, you need to toughen up and either get this guy to agree to the rules of the game or opt himself out of a job.

Did he turn up?

Stickwithit - my workplace uses an insurance based employment advice service. You pay a subscription and they give you detailed guidance, advice and representation if you have a problem. If you go/get taken to a tribunal and loose then they pay the costs and the compensation. As they work only for employers they are very clued up on what is what from that perspective. As compensation for discrimination is unlimited and employers are at such risk these days then it makes good business sense to at least look at these schemes.