Staffing Problems

[TORO]

One of my staff resigned last week, gave the usually story better job and progress, said i understand and wished her good luck. I advertised job and got someone within days. Staff now came back saying sorry that she made a mistake likes the nursery. I have now employed this other staff who have started seem very eager and pleasant problem now is i cannot afford 2 staff. The older staff is a pleasant person as well good with her job, sickness is not all that bad although she has an underlying health problem, which does not affect her work.

 

I have told her she can stay, could not help but say yes, now stuck with an extra staff, which i think has potentlal. Help

[HappyMaz]

I'm not sure what I can say really - you've caused yourself a bit of a problem here!

 

Are there any staff members actively looking to reduce their hours? Otherwise I can't imagine staff will be very happy to cut down their hours to accommodate a new member of staff and one who has resigned but changed their mind at the last minute.

 

How long can you afford to pay them both?

 

Maz

[Guest]

had this a couple of years ago, in my case staff member was not as on the ball as she had been and i and the comittee had to say sorry

 

was basically wanting to come back as other "better" job was not as good as cracked up to be!

 

didnt take her back on as had left, said must apply when a vacancy came up, she never did. personally once someone has left in my opinion the reasons for leaving are still there and it is an easy option to come back if it does not work out

 

 

hope it is sorted soon

[Guest]

Could you ask other members of staff to take holidays so the extra staff could cover?

 

We usually take on an extra person over holiday "silly season" just for this purpose!

[narnia]

I think that you need to be honest with the original member of staff and say you have made a mistake.She resigned for her own good reasons and you accepted that resignation in good faith.She must realise the group doesn't need the extra staff, so she must now do as cybertwin has suggested and wait until there is another vacancy, when she is free to apply...as is anyone else of course, so you couldn't guarantee her a job. Did you try to persuade her not to resign?? If not, it suggests to me that you weren't too unhappy at her leaving?

[JacquieL]

I think you are going to have to bite the bullet and tell her that you cannot after all afford to keep her on as you have appointed someone else. I am a bit puzzled that she hasn't given her new job a bit more of a chance if she only resigned from your setting last week. Making a change can be difficult, but if she felt she needed it then she should at least give it a try.

[Rea]

Our deputy left at the end of May, I suspect she isnt relishing her new job but I couldnt take he back now. We have had a lengthy interview process, wihsecond interviews taking place next week. It wouldnt be fair on anyone else to take her back if she was to ask. How did you manaage to interview and select so quickly? I agree with Jacquie, she hasnt given the new job much chance has she?

[redjayne]

I have had this type of situation a couple of times now - and in both cases the staff member had to wait until a vacancy came up, one is still with me now and the other didn't bother re-applying. She didn't give the new job a chance, can't imagine how annoyed they may be at her messing them around too, I think you need to explain to her that you can only offer casual hours, or can't afford her so she will have to wait for a vacancy. You will have to watch that she doesn't try and pressure the new lady in any way, or your other staff try those tactics if they want her back. Good Luck

[Tink69]

I too am curious how you managed to advertise, interview and take up references so quickly. How much notice are your employees expected to give? When I was a manager staff had to give 4 weeks notice.

 

 

Tink69

[Greenfinch]

I too am a bit surprised how quickly this all happened. Do your staff have contracts? I would tread very carefully re. staffing and recruitment. It protects both yourself and your staff. Good luck, hope it all works out.

[finleysmaid]

if you have employed them both as new members of staff (if old one left and has returned) you can ask either to leave without contractual obligations....perhaps the farest position would be to ask both to leave and re-apply that way you can interview properly and match to job description to ensure you choose the right person for the job

[HappyMaz]

perhaps the farest position would be to ask both to leave and re-apply that way you can interview properly and match to job description to ensure you choose the right person for the job

Personally if I had been interviewed and accepted a new job I would not expect to then be asked to resign and re-apply for the job. I'm not an employment law expert but wouldn't that be a case for constructive dismissal?

 

I'm not sure whether you can bring a claim for constructive dismissal during a probation period, but I think you need to tread very carefully in these matters.

 

Maz

[narnia]

I'm with Maz on this one...why on earth should the new staff member haveto resign and reapply? It's the old one that caused the problem, and she should be told an unfortunate mistake has been made and she has to go. She can't mess folk around like this.

[Upsy Daisy]

Off the top of my head Hubby was told he had to be in post for a year before he could claim constructive dismissal. However, like Maz, I think this is not the responsibility of the new staff member. She's accepted your offer of employment in good faith and it would not be right to pull the carpet from under her like that.

 

You need to go back and explain to the other lady that you can't take her back on just now but she's welcome to apply when a vacancy comes up. If you feel that you owe her something could you find some money to pay her to come in as a supernumery for a short time on a temporary contract to enhance the provision for a short while? Or perhaps use her to cover training/planning for a while to help her out.

[HappyMaz]

Whatever you decide to do TORO, talk to ACAS first. Their website is good too.

 

Good luck!

 

Maz

[TORO]

Thanks for your prompt replies. I think the real reason she wanted to leave was because l was not too happy about the holiday she double booked with another memeber of staff, we are only allowed 1 person off at a time, her mum was the one who actually pushed her to resign, and she told me she cried when she got home. she told staff that her mum told her to resign if the holiday woud not be approved.

 

she resigned and gave 4 weeks notice, which means whilst she was on holiday notice period would be over, hence the reason for the new person starting quickly. The first day job went online via jobcentre, i had about 10 phone calls,interviewed the following day and staff employed was the best, obviously she is not left in charge until all references and CRB are back.

 

She is a good worker, but i personally do not think that when a staff wants to leave one should try and persuade them to stay, they would then have the upper hand. A senior staff left about 2 years ago came back after 1week, grass is not always greener at the other end. There are certain staff that i would not take back if they come back begging on all fours. Another reason i took her back is that another member of staff is telling others that she has a new job, hopefully would start next month if the new nursery picks up with numbers, i had appraisal with her, approached her with it but obviously denied it,would not mind this particular staff leaving, another problem/topic.

 

Thanks for the replies, l would see how things pan out for the next couple of months.

[HappyMaz]

l would see how things pan out for the next couple of months.

Well if you can afford to go on paying an extra staff member for that long, then perhaps that is the best plan. If nothing changes in that time, what will you do, bearing in mind the new person's probation period will be up by then and you'll have to make her position permanent?

 

Maz

[titchy]

she didnt care about leaving u at short notice for something better. Ok so maybe im harsh but i say keep the new girl from my experience of saff loyalty goes along way esp in this field.

[Guest]

I feel that unfortunately you have got yourself in this position, so I would think the fairest thing to do is to continue to employ them both. The new member of staff accepted a job in good faith and certainly does not deserve to be 'let go'.

 

However, I would have concerns about the member of staff who seems to have 'resigned' because she could not get the holiday leave she wanted. What will happen next time her holiday wishes clash with someone elses ? I would be concerned about her dedication to the setting and to the children in her care...but as you have appear to have taken her back - you've already committed yourself to your decision.