--DAN--
Member
Registered: 3rd Feb 03
Location: Bottesford. Drives;3 Series
User status: Offline
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I'm looking for a bit of advice from anybody who knows anything about Human Resources and Employment Law.
I have a workforce of c1300 staff, 70% of which are foreign. Polish, Lithuanian, Kurdish and Portuguese. The fuckers are always asking for extended leave(more than 2 consecutive weeks) to return home. We are very busy between April and September so we do not allow extended Leave during this period. What the staff then do is book 2 weeks holiday, go to their home country and then just don't come back for 6,8 or 10 weeks. Upon their return they produce a Polish or Lithuanian sick note for the entire absence and then claim they could not get in touch to let us know.... If it was totally down to me I would just sack the fuckers as it is obvious what they are doing. Other Foreign employees have told me you can walk straight into a clinic in Poland and buy a sicknote for £5 and that is what they do.
The problem comes with my piss poor HR department(I'm in the process of sorting them out) as they are spineless and refuse to sack anybody unless you have 30 witnesses and video evidence of them stabbing somebody in the factory. They tell me that I cannot sack these people otherwise it will cost us a fortune at tribunal.
Where do I stand with it? The same people are pulling the same stunt time and time again and getting away with it. Please help before I murder somebody!!!
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Matty W
Member
Registered: 31st Jan 11
Location: Ashton-in-Makerfield, Greater Manchester
User status: Offline
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whats your disciplinary procedure? the company i work for seem to love handing them out
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Online
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Pointless employing that if they're still unwilling to proceed to dismissal.
There should be a duty of mutual trust and confidence clause in the employment contract, you could sack on that.
I think the unfortunate short answer is that you won't know unless it goes to tribunal. You could probably do a lot worse than sack one and see.
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luciaadr
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Registered: 11th Aug 04
Location: Bexleyheath, Greater London
User status: Offline
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This is not so much a HR issue, more a legal issue. HR are not legal advisers; your company must have some solicitors it uses from time to time for various matters, ask them for a brief answer before potentially proceeding further.
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--DAN--
Member
Registered: 3rd Feb 03
Location: Bottesford. Drives;3 Series
User status: Offline
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quote:
Originally posted by luciaadr
This is not so much a HR issue, more a legal issue. HR are not legal advisers; your company must have some solicitors it uses from time to time for various matters, ask them for a brief answer before potentially proceeding further.
A HR Manager earning big money should be able to tell me what the law says though surely? We have emploment lawyers in the group who I will speak to but I don't want to raise it to that level. I want to be able to spout legislation to my spinless HR Manager who I believe rufuses to sack people for fear of recrimination outside of work.
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Eddx14xe
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Registered: 12th Jan 10
Location: Hertfordshire
User status: Offline
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Tbh if it was an english person they would just be sacked straight away.
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taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
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Find fault reason to give warnings to those responsible and manage them out of the country... Or make a sickness without phoning a final warning offense and if theyre sick longer than 2 weeks without calling then make it so contract is terminated...
Or only give 6 month contracts then dont renew the ones who do this
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taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
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Company not country lol
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--DAN--
Member
Registered: 3rd Feb 03
Location: Bottesford. Drives;3 Series
User status: Offline
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quote:
Originally posted by Eddx14xe
Tbh if it was an english person they would just be sacked straight away.
Exactly.
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