staffing issue need advice

[flowlow]

Hi all

 

Need some advice in a very brief nutshell I have a member of staff who is not doing her job well and we have recently had to give a verbal warning. Despite support, compassion, training, reduction of work load and taking some responsible roles off of her things are still not looking good and we are monitoring things closely. We did suggest before Christmas that she sign off with stress as myself and the chair had real concerns about her emotional well being, we even offered to pay her the last two weeks if finance was an issue however she would not do this.

She holds the role of assistant play leader. I was the play leader but my title and job description was changed to manager in light of all the changes and the extra admin I was being asked to complete. This member of staff's role was never updated and to be honest hasn't really been an issue until now.

she doesn't want to deputize for me with paperwork and admin she just want to run session and be a key worker although to be honest she isn't running session well, hence the warning. In an ideal world she would step down and let someone else take over but she doesn't want to do this (although I have reduced her hours considerably, and taken some roles off of her). It has been suggested by LA that I really do need someone to be willing to deputise for me even if I never need them to if that makes sense. So I was considering making an assistant manger role and internally offering it to other staff. So one question I guess I need to know if I can do this? also then can I get rid of assistant play leader as a role seen as playleader no longer exists? how can I restructure around this staff member legally and ethically?

I know it doesn't sound like it as I am trying to be concise and brief but we live and work in the same area we are a small team who have all become friends. this member of staff in the 8 years we have worked together has been really good and supportive but no longer and it doesn't look like wants to improve her practice (or is just unable to I am not sure which) I don't know why this has happened although she does say often that things have just moved on and she doesn't know if she wants to keep up any more. She says home life is really stressful although there isn't much evidence to say that it is any different to what it has been really. She always did have a habit of being a little abrupt but it is getting worse and she has made a staff member cry as she says she either ignores her or is rude to her. Parents are not happy with her sessions and to be honest neither are the staff.

She is saying behind my back (despite all the support, smoothing over, training and everything else I have done in an effort to help) that the restructuring is just to get her out! she tells other staff she doesn't want her job any more but then tells me she does and dissolves into tears saying she is scared she is going to loose it, but takes nor responsibility or implements any strategies she is given to improve. I fear it may get to a written warning and then asking her to leave although this would be a real shame in honour of the practitioner she used to be. I have had three staff say they are thinking of handing in their notice as they just can't cope with her any more (these are good staff who are fantastic at their jobs and actually really feel compassion for her but just finding her so difficult)

any way back to the point really I do need to restructure and I need to make sure that people are holding roles/ job titles and doing all that should go with that but as this staff member wont step down I am not sure what I can do and what I can't. someone suggested that we get all staff to reapply for their roles with new job descriptions and where appropriate new titles and then you can reinterview but I don't know if this is a good option or again if I can do this from a employment law angle?

 

suggestions anyone?

Edited February 12, 2014 by Johanna1

[SueJ]

These links might help to clarify your thinking

https://www.gov.uk/dismiss-staff/overview

http://www.aspect.org.uk/support/redundancy/faq/

 

It is really difficult if you have someone who is "marking time" for whatever reason - especially when their behaviour begins to impact on the morale of everyone else. Just a word of caution about giving her an "out" suggesting stress as if she then goes a step further and gets a diagnosis of depression she would be covered under the Equalities Act and then you are into a whole new ball game - see the clip below taken from Inspireme http://www.inspiresme.co.uk/staff-and-hr/management/how-to-handle-staff-suffering-from-stress-or-depre/:

Dismissing a stressed employee

You should of course be seen to make reasonable efforts to assist an employee who is off with stress, but there may still come a point when you have to consider dismissing him or her due to continued inability to perform the role. Any dismissal needs to be handled sensitively and carefully to avoid claims of unfair dismissal and disability discrimination.

Initially, you should obtain an up-to-date medical assessment of the employee’s state of health in order to understand the prognosis and what work he/she might be able to do in the short term. Consideration should be seen to be given to finding an alternative role before dismissing. If there's no such likelihood then it may be appropriate at that time to move to dismiss the employee.

In either case, no final decisions should be taken until the employee has been given the opportunity to discuss the proposed dismissal and to comment on the employer’s assessment of the state of health and ability to work. Whether or not the illness is claimed (or even proven) to be your fault, continued incapability can still be a fair reason for a dismissal.

ACAS are always a good source of information and if you have free legal advise via your insurers it is worth taking that before you make any move

[Greenfinch]

Hi

I didn't want to read and run

I'm not the same kind of setting as you, however, my main advice would be, just be very careful that you do not create a situation where this staff member goes for constructive dismissal. I have not had personal experience of this but know someone else who has had to deal with a horrible messy battle which turned very ugly and stressful.

I would definitely seek legal advice re.employment law(PSLA?)

I really don't know where you stand regarding restructuring but it would be worth finding out

What about the rest of your staff?what do their job descriptions/titles say?

Appraisals? Could you update all staff's job titles/ job descriptions?would this be seen as fair?i don't know the answers...I hope someone else comes along with some good advice, good luck.

[JacquieL]

I've moved this topic into the Lounge where it can only be seen by members, rather than leave it in the open forum where it can be read by people just browsing the site.

[Rea]

"So I was considering making an assistant manager role and internally offering it to other staff. So one question I guess I need to know if I can do this? also then can I get rid of assistant play leader as a role seen as playleader no longer exists? how can I restructure around this staff member legally and ethically?"

That bit jumped out at me...if you do as you suggest you are in effect making the role redundant and would therefore need to offer a similar role such as deputy manager to the current deputy before you did anything else, which really defeats the object.

I think you need to take the bull by the horns and speak to her. Speak to ACAS too, they can be very helpful.

Invite her to an interview, tell her she can bring a friend as support, not to be involved in the interview and tell her what the interview will cover so she can be prepared and not feel you're attacking her.

At the interview stick to the points but write clearly her complaints and comments, both sign it afterwards. This is just an exchange of information interview, nothing more. Set a date for a follow up when you've both been able to digest and think about the next steps you'd like to take.

You are not alone in having to deal with tearful, contradictory staff, its stressful and upsetting and when they are friends in a small group its horrible so I really feel for you. Good luck :1b

[flowlow]

I've moved this topic into the Lounge where it can only be seen by members, rather than leave it in the open forum where it can be read by people just browsing the site.

thank you

[flowlow]

thank you all so much for your advice. I will see if I can get my chair to phone LAWCALL although last time we took an issue to them they were hard to deal with.

The unfair or constructive dismissal is the bit I am really worried about but its so hard to get someone to see the problem when they are so determined not to. Even when presented with evidence there is always someone else to blame or someone other reason. I do feel a little disloyal to although I am trying to do what right for everyone even her although I don't think she sees it that way.

[lynned55]

Good luck- I worked with someone for 3 years 'co/managed' for the next 7/8 years quite happily until she decided she didn't want to anymore. So then I became the sole manager and she my Deputy- well big, big mistake there. We spent nearly 2 years with her missing staff meetings, not completing LJ's - always with an excuse the last straw came when she turned up for work an hour and half late- by which time I had got some one else in to cover as I couldn't get hold of her. My other staff were all getting cross, threatening to leave, not come to staff meetings either. So I took the bull by the horns and suggested she step down as deputy ( i had someone else to do the job) but really I wish I had had the courage to let her go in the beginning and not become deputy. Even now 5 years later- there is still some resentment towards her because of the way she had behaved. We were then a small team of six staff, who had all worked together for many years and if someone didn't pull their weight it caused so much extra for every one else. I have to admit to making excuse after excuse for her but now knowing what I know are/were her reasons for her behaviour and after giving her ample opportunities to say if anything was wrong I still feel badly let down by her. Also she found it very hard to (still does) to accept any decisions my Deputy made. Every time I asked if there were problems at home, work or whatever I got No, just fed up with all the paperwork side and extra work involved. Turned out she was online gaming, sometimes all night.

[flowlow]

sounds very much like what is going on here although no online gaming. I am not certain what started it all off but things haven't been good for about 18 months. I will hold my hand up and say I have been making some excuses for her and trying to smooth things over as she was a good solid member of staff and very supportive at one stage. This person we see now just doesn't feel like her. I fear we are heading down a disciplinary road and I just think that would be such as shame for the friend and practitioner she was.

[lynned55]

I do feel for you Johanna- as said previously- I really do wish I had been stronger in the beginning and just said. No- you cant go from a 5/6 session a week Manager to 2/3 sessions per week 'useless worker'!! It is very hard though- especially when you work in such a small close team