An Employment law question

Dave, I can’t be arsed going into details with this now but you’ve been given the answers already. You can only legally withhold money from this joker if it’s allowed for in a written contract. You can’t possibly claim for loss of earnings caused by the actions of an employee.

If you want to make a point then all you can do is drag your heels over payment until you have to respond to the Employment Tribunals’ notice – or whatever the Scottish equivalent is.

For anyone wondering how to protect themselves against this sort of thing – on the whole you can’t. Fred’s approach is wise – a probationary contract for 3 months. I believe that members of the Federation of Small Businesses can get very detailed legal advice on matters like this free of charge.

You really need to expect the worst from new employees and act accordingly – in this case you could have appointed one of your trusted drivers as ‘team leader’ or ‘senior driver’ (some of them like that sort of thing) and put him in charge of making sure the early-starters had started on time. The ‘team-leader’ thing is pretty useful for capturing negative feedback from employees and stopping problems before they happen.

Personally I’d never use employed drivers now – employees have far too many rights nowadays.

Posted under Employment

Posted by Alec at 4:47 pm, December 29, 2006

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