Employee not turning in to work

[wecantallbeperfect]

Really need some advice about an employee who decided to not turn into work New Years Eve because Monday was a normal day and he wanted to finish at lunch. We finish at 5pm and he and other staff award of this.

It's not just this though, his attitude towards my DH his immediate boss (business owner) is awful, doesn't want to work, working really slowly, time wasting, rude to other staff. He disappears off site as soon as DH back is turned.

Regularly doesn't come in Monday's from overdoing it at weekend. We've tried to support him because he has had bad time with two family members committing suicide close together, however this is now four years ago and we cannot afford to be losing work downtime because of his absence from work.

Any advice gratefully received

But this seems only to be "fair" to the employee, not the employer. Why can't the employer get to the point where enough is enough. Surely there is a basic level of work ethics (like showing up for work) that shouldn't have to require a "reminder" or "warning" that you are not behaving properly. It seems to me that there is a huge level of unfairness to the employer here.

Sofia, an employer absolutely can reach a point where they are entitled to dismiss. It sounds like OP hasn't had very good advice from the helpline.

But this seems only to be "fair" to the employee, not the employer. Why can't the employer get to the point where enough is enough. Surely there is a basic level of work ethics (like showing up for work) that shouldn't have to require a "reminder" or "warning" that you are not behaving properly. It seems to me that there is a huge level of unfairness to the employer here

If the employer had been following any procedure to this point then they would be in a position to dismiss. However they do indeed have to follow a procedure - if the employee has been in post for 2 years.

Deliberately not coming in to work when he knows he is supposed to turns this from a performance issue to a misconduct issue. It's definitely one to take down the conduct route which is a lot simpler and quicker than the performance/capability route.

Send him a letter inviting him to a disciplinary meeting. Give him at least 48 hours notice. Tell him what it's about, give him the right to be accompanied. At the meeting listen to his excuses, tell him you will consider everything he's said and make a decision, issue him with a final written warning in writing on the basis that this was deliberate refusal to attend work not just a day off sick, next time he crosses the line he's gone.

Unless your policy says the warning will expire for totting up purposes after six months you can set a longer period.

Thank you everyone, have spoken to ACAS this morning and are going down the line of what littleredsquirrel advises.