Trouble maker - long, sorry

[HoHoHorsewoman]

DH employed a man to work for him at the end of October. This man seemed a bit odd, but his references checked out OK and he seemed a good enough worker, even though he has complained alot about the other members of staff not doing a good enough job (in his opinion). DH has already had words with him about this and explained that we work as a team, and bitching about the quality of other people's work is not constructive nor conducive to a happy workplace. Then, about 3 weeks ago, this man was kicked by a horse and took some time off. He went to DH and demanded to know why his accident wasn't in the accident book, he didn't think the way we operated was legal, blah blah. DH explained that the accident book he had been looking in was,, in fact, relating to the other business we share premises with, and his accident had been properly recorded in our own book (it had - I did it myself). Despite mumbling, he did return to work after a few days. Then, Landlord's wife caught him in my office, rummaging through drawers, filing cabinet etc. He didn't see her standing in corridor and she watched him for a while, before walking in and asking him what he was doing. He said he was looking for the Yellow Pages (in the filing cabinet?) but the alarm bells were ringing. Now, this afternoon, he has refused to come in to work, saying he worked too hard this morning, and the other man we employ in the same capacity doesn't do a good enough job. DH is at his wit's end, and doesn't know what to do about him - he seems for all the world that he is setting himself up to be dismissed and then try to take us to a tribunal - his actions have been too bizarre. Poor DH has only just set up in business 4 months ago and really doesn't need this. Any advice would be appreciated.

He hasn't been employed long enough to take you to a tribunal.

You need to get rid of him pronto. You have pretty solid grounds I would have thought, in that he has spoken in a derogatory way about colleagues, gained access to your private information etc., and generally had a negative impact on the business.

One bad apple can quickly affect the rest of the team.

Has to be employed for a year I believe. I would follow the instructions on the Acas site to get rid really

under normal circumstances you have to be employed for 12 months before you can claim unfair dismissal. the only exceptions to this are discrimination (gender, race, religious beliefs, age, disability, sexual orientation) and assertion of a legal right. from what you've described then i can't see how he would be covered by any of these. Absolutely suggest you get rid NOW - these situations never improve. give him notice in writing of a meeting and then dismiss him. you will need to pay notice. 1 week unless his contract entitles him to more.

Thanks for your advice. DH presented him with a written warning yesterday (he has already had a couple of verbal ones) with a note that, should he present any further cause for concern, his employment will be terminated immediately. DH said he was full of remorse when presented with this letter (DH did it in person), and even had the brass neck to come on the staff christmas party last night! Didn't show up for work, but was ready on time for the lift to the party! It felt very awkward, actually.

If he didn't go to work but did go to the party, then that is a further cause for concern, so terminate now! DO not hesitate. Give him a week's pay and wish him well.

Then ensure your employment contracts in future have a probation period, during which you can dismiss without notice, at your complete discretion.