Acas Or Lawcall?

[thumperrabbit]

Who would you call for help with what to do with a member of staff who isn't fulfilling their role and responsibilities,

Acas or Lawcall?

[finleysmaid]

i would refer to their contract first and see what diciplinary action you need to take....maybe if you give more info we might be able to give more advice

[HappyMaz]

I've never used Lawcall, but I find ACAS incredibly useful for setting out legal entitlements and responsibilities.

[Guest jenpercy]

I've never used Lawcall, but I find ACAS incredibly useful for setting out legal entitlements and responsibilities.

 

my advice would be to rewrite your job descriptions - with input from a staff meeting. I have been told that people have claimed at tribunals that they didn't konw they were suppossed to do something because it wan't in job description. Reviewing at staff meeting also means that person not complying wil see that everyone else takes it on board.

 

then next step would be to put them on regular (weekly/monthly?) review, documenting all shortfalls. Only after you have done this can you think of discipline - if you want it to stick. then make sure yuo give all proper warnings, steps, opportunities to appeal. The discipline procedure is supposed to have been made more informal - but I can't see any difference.

 

i speak as someone who had to take back a dismissed member of staff on threat of tribunal. AND I then had to wipe the record of misconduct!!!

[thumperrabbit]

my advice would be to rewrite your job descriptions - with input from a staff meeting. I have been told that people have claimed at tribunals that they didn't konw they were suppossed to do something because it wan't in job description. Reviewing at staff meeting also means that person not complying wil see that everyone else takes it on board.

I did this 2 years ago, but should I do this again then, bearing in mind we have this problem?

 

then next step would be to put them on regular (weekly/monthly?) review, documenting all shortfalls. Only after you have done this can you think of discipline - if you want it to stick. then make sure yuo give all proper warnings, steps, opportunities to appeal. The discipline procedure is supposed to have been made more informal - but I can't see any difference.

 

I have only been 'in charge' for 2yrs but ever since she started she has had problems doing her key childrens folders, I have given extra time in work hours even though they get paid hours every week to do this at home, I have spoken to her time and time again about it but she just shrugs her shoulders pulls her finger out for a week or 2 and then lets it all slip again, but has made it very clear that it is me who has the problem not her - other staff are totally supportive of me in this area and make it very clear that she is 'getting away with it'

i speak as someone who had to take back a dismissed member of staff on threat of tribunal. AND I then had to wipe the record of misconduct!!!

 

 

How did you go about it all, with the reviews, the documentation etc?

I would be most grateful for any help, just don't know who to turn to.

Edited March 26, 2011 by thumperrabbit

[finleysmaid]

sorry to repeat myself but does she have a contract? if so all of this should be set out in there...including your diciplinary procedures...if you do not have these written down and signed by her you may be in a more difficult position.

[thumperrabbit]

Yes she does have a contract, job description, and we do have a disciplinary policy, but it's the 1st time of ever having to actually doing anything with it ...... I know that sounds a bit soft but unfortunately I'm not the toughest of people but she is one heck of a tough cookie!

[HappyMaz]

I'm not the toughest of people but she is one heck of a tough cookie!

Then I would definitely speak to ACAS. Their whole focus is to stop employment issues going to tribunal by making sure employers follow the correct processes and procedures. Well worth a visit to their website to see if any of their FAQs are helpful, and you can download lots of publications aimed at ensuring employers get the best advice, and failing that you can ring for advice.

 

Good luck! These kind of issues scare the heebie jeebies out of me too!

[thumperrabbit]

Thanks Maz I'll go down that route on Monday.

 

We are Committee run so who should be doing all the dealings with this now - myself as Leader or the Chair of the Committee?

If we were a large company with a HR dept, I feel it would be HR by now but in a parent run setting???

This is why it probably has gone on too long with nothing being done, but now other staff are beginning to be fed up of her attitude and the way she gets away with things.

[Cait]

I have one a bit like that - the trouble is though that she thinks she's mega efficient! Even my youngest staff are complaining that she's not pulling her weight - I'm SOOOO not looking forward to her appraisal this year!

[thumperrabbit]

I have one a bit like that - the trouble is though that she thinks she's mega efficient! Even my youngest staff are complaining that she's not pulling her weight - I'm SOOOO not looking forward to her appraisal this year!

 

We had appraisals 2 weeks ago Cait, but it didn't solve anything

 

Good luck with yours!

[Cait]

Ours are just before the next half term break usually

[Inge]

Thanks Maz I'll go down that route on Monday.

 

We are Committee run so who should be doing all the dealings with this now - myself as Leader or the Chair of the Committee?

If we were a large company with a HR dept, I feel it would be HR by now but in a parent run setting???

This is why it probably has gone on too long with nothing being done, but now other staff are beginning to be fed up of her attitude and the way she gets away with things.

 

Really it should be the committee as the employer.. but think I would work togehter with them as you see the staff member everyday, and are the link between the staff and committee...

[Guest]

It's a tricky bit of the job of committee, I HATE having to do this kind of stuff. Chair and leader together would work best, a call to ACAS as others have said is fantastically useful.

 

I do regularly think how much protection staff have, and how little recourse to action employers have, and how this means people who shouldn't be in education stay in it, but that is material for an entirely different post.

[Guest]

It's a tricky bit of the job of committee, I HATE having to do this kind of stuff. Chair and leader together would work best, a call to ACAS as others have said is fantastically useful.

 

 

I had to do this too a month ago regarding sick leave and time keeping! Was the first time as committee that I have ever had to do it! Not even paid to do this sort of thing....kept me awake half the ight working out what to say!! I just followed our grievance policy and it went ok

Edited March 28, 2011 by marley

[Guest]

just remember that only committee members can talk to LAWCALL and ACAS can be rung by staff or committee. if you have PLA insurance they would require you to speak to LAWCALL in cases of disciplinary action and you will have access to trained solicitors which is necessary in the case of discplinary action - if you get it wrong the liability will fall on the committee members.

[thumperrabbit]

Just to let you know the Chairperson did speak to Lawcall and they listened and were helpful and told us exactly what to do next. Not that it takes the problems away!