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Blog posts tagged employees

Worst colleague — or most deluded?

July 27, 2010 by Michael Scutt

Business man in black maskMy candidate would be Dave, our new salesman who was given a company credit card. At the time, these cards were given out to most salespeople so that they could buy petrol. Nothing out of the ordinary there, then.

At the end of the second month in the job, the accounts department started querying Dave’s statements. It turned out he – and Mrs Dave - been doing the weekly grocery shop with the card. When asked to explain himself, he claimed grumpily that popping into the local Sainsbury's was “a perk”.

Taking this behaviour to extremes, I'm guessing he could have booked a fortnight in the Maldives on the assumption that doing so was just one of those things a salesman in publishing typically did. It obviously helped that he was deranged — we later found that his background in "the army" was not all he'd claimed — but this is my favourite example of a company facility being abused.

Michael Scutt writes: 

It’s an old saying in employment law that if you want to get rid of someone, take a good look at their expenses. Stealing, thieving, fiddling, “adjusting”, being economical with the truth …  they are all examples of dishonesty. 

Theoretically even taking a pencil from the office stationery cupboard is stealing but most employers will take a sensible approach in trivial cases.   Every employee owes a duty of fidelity to his/her employer.  This includes not working against the employer’s best interests and certainly includes not stealing from them.  “Massaging” the expenses is widespread, of course, but most people  don’t behave as blatantly as Dave here did.  It is a disciplinary matter and the likely outcome will be summary dismissal for gross misconduct. 

To avoid any misunderstanding at all, many employers that issue credit cards for expenses will specifically inform the employee (usually in the contract of employment) that the card is to be used for business expenses only and will set out the consequences for misuse and abuse of the card.

Sex and drugs and employment law

June 29, 2010 by Law Donut

Restaurant's kitchen

What’s a hard day at work for you? As employees now launch tribunal cases because they ‘weren’t offered a seat at the right table in the canteen’, the Law Donut takes a look at the – real – world of employment.

A shooting, a strangling, a drugs ring, a fight, a hold-up and “nipple issues” with a Mafioso - even in the leafy enclaves of LawDonut HQ, our oh-so-refined editors, lawyers, and mentors produced a range of ‘workplace incidents’ to stun a tribunal in ten seconds.

So if you’re bored by a whingeing worker, or facing a conduct dispute that’s a little tiresome, our new series should cheer you up. Find a new post here every couple of days, as well as expert pronouncements from our renowned bloggers and writers that show you what the victim – or the law - did next. The first post in our series is right below.

Mentor-health problems

The Prince’s Trust mentor writes….

One of my oldest friends, who is staying with me, has done annoyingly well as a tycoon. Needless to say, he’s rather competitive. So this morning, breakfast table conversation turned briefly to employment law as he and I shared (ie scrabbled for supremacy about) our managerial war stories.

I work with young people’s businesses now, but I kicked off with a few tales from my salad days as a restaurant manager. One of the high points was a phone call from the Metropolitan Police, wanting to discuss a former chef of ours, who had, they explained, been convicted of drug smuggling while on the job. The police needed to check how much I’d paid him so they could calculate how much illegal income they could seize.

At the time it was a fairly uncomfortable situation, but in hindsight it wasn’t a big deal. After all, the chef was by then an ex-employee, and in the restaurant trade this sort of thing isn’t that far out of the ordinary. Anyway, he was a good cook: well, his sauces were very more-ish.

My friend rose to the bait. He ran a far larger business, but he too had been on the receiving end of personal calls from the police. One of his employees was a junkie, in whom the boys in blue had a keen interest. Somewhat to my mate’s indignation, the employee had used his company car in a heist (then sold it for cash). Well, it showed initiative, I pointed out infuriatingly.

But my mate won. The prize for “HR Minefield of the Decade” went to one of his lady executives, who had decided to become a man. Advised to make lifestyle changes before the op, she asked to use the men’s toilets. By that stage, her female colleagues weren’t happy with her continuing to use the Ladies’. But the male staff were less than thrilled at the prospect of her hauling up her tights in the urinals.

It’s the sort of situation that could turn seriously tricky. The sex-changing employee might claim discrimination, while, whether she chose the male or female toilets, there was a good chance that other employees’ discomfort might turn into formal grievances. In the event, common sense prevailed. She would use the male facilities, but only after checking they were empty.

This much I know: the business owner writes:

What all our stories had in common was the sheer unpredictability of managing employees. Neither of us expected our employees to get involved with drugs or have a sex–change, I guess, the lesson is that you do need to be ready to cope with the consequences, whatever happens. And avoid ‘Dish of the Day’ in small restaurants.

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