Help - Can I sack my employee?

[wangle99]

I teaching music classes (I own a franchise). I have two ladies working for me and both have contracts. One lady has caused me no end of problems for the coming term.

Our term is 10 weeks long. She informed me two weeks ago that a) she is pregnant (fair enough) b) she has booked onto a massage course and therefore cannot teach one of her group for four weeks (one week per month). Although not happy I agreed.

Today I get a message from her asking when term starts (we discussed this when I saw her), where her paperwork is (we discussed when she would have be getting this) and also sorry but going away next week so can't teach her first two groups.

One group she will not be able to teach for 5 lessons (which is half the term). I think this is unacceptable as one of our plus 'points' is continuity of teacher!

Also her contract states no holidays in term time.

Can I sack her?

Arghghg excuse typos brain firing on overdrive!

It depends what her contract says really but I think as a rule you have to give 2 verbal warnings then written warnings (1 or 2, not sure) before you can sack someone.

You need to be careful as if you don't follow guidelines she could say you made excuses to dismiss her because she is pregnant. It could be hard for you to prove otherwise.

Am not an employment lawyer but my sister (who is) would certainly say that where pregnancy is involved at all, be extremely careful. Not clear from your post whether all the information and requests from her are in writing - make sure they are IMO. But I would say get specialist advice pronto.

My first reaction was that if her contract doesn't allow holidays in term time then that's pretty open and shut! - but she should certainly be told face to face and in writing that since her contract says this, she should either attend work or be dismissed for breach of contract. She might then find that she would rather cancel her trip. However, I suppose it is just possible that she is having a difficult or risky pregnancy and wants medically-related time off without telling you this, so she should have a chance to inform you about it. Sorry this is a bit muddled - again, I am NOT a lawyer or qualified in HR so I would get advice fast.

Ok, she is only 10 weeks pg and no problems that I know of (appreciate she may not be telling me all!). She said in her message she wants to visit her mother for her birthday and also visit the school that she has signed up to do her course at. I'm mad enough that she's booked the course without the extras.

Perhaps I should just have a chat and say that I don't think her heart is in it, one of big pointers is the continuity of teachers and this is ridiculous. I have no issues with her being pg (apart from the fact its inconvenient) and don't want her to think that I am sacking her because of this (god knows where that would go!). I really want her to go though.

Thanks

no no no no!

don't have any informal chats without getting advice!

seriously!

i relaly wouldn't get into the emotions of it - her heart's not in it etc. that's up to her. her performance is what matters and if she's breaching her contract that's nice and cut and dried.

really - call a lawyer.

personally I'd consider that gross misconduct if she is contracted not to take holidays in term time then she shouldn't

but I'd consult someone first if I were you

If you have this conversation with her I think you will open yourself up to a whole load of problems Re pregnancy.

She may either a) not believe what you are saying and take you to tribuneral or b) believe what you are saying but relise she can milk this as she is preg.

I'd be very very careful if I were in your position. I'd make her relise that she is behaving in a unexceptable manner for the position and that this could lead to termination of her employment.

Has she booked a learning a massage course? Why would it be acceptable for her to go on a course when she is meant to be working pregnant or not? Or am I missing something?

Is she expecting to be paid whilst on this course? Did you agree to it in advance??

I would definitely go see a lawyer to figure out where you stand.

I think she is taking the piss to book a course when she is meant to be working for you and needs to get a proper written warning at the least.

She is distrupting 60% of the teaching for this term alone. It is your reputation that is going to suffer not her.

What if she fancies another course next term? You need to get it done offical and legal, no nice cosy little chats where you have no proof that you are not blaming her pregancy.

Right, consensus from head office is that it is NOT acceptable for her to teach 5 weeks of a 10 weeks course, it would be more acceptable if it was, say, the first five weeks but a week here and a week there is a definite NO NO NO NO!!!

So now I have head office on my side I spoke to her and have basically said as per contract you are teaching the two classes as agreed or none and given her till tomorrow to decide.

She did book a massage course without telling me, she told me when it was booked and she HAD to do it. You are right this will continue and I'm not having it!

I'm hoping she'll say she doesn't want to teach any because she is very unreliable so fingers crossed.....

Employee phoned me this morning and she has decided she doesn't want to work for me anymore. Although she has gone against her contract and not given me any notice I'm relieved. More work for me (but more profit!).

Thanks for advice.

sounds like a result TBH!

sorry hijack..

acnebride... go look on your birmingham accomodation thread!