Threatening Employee - Advise Please!

HRAdvise

Here's the context: I am the sole manager of a small company with about 10 employees and I report directly to BoD. I was promoted about 3 years ago so I am friends with many of my employees and the work environment has always been run in a casual way. I have never had a complaint made against me, nor has any staff member brought up any issues relating to my management and/or concerns about their employment.

The situation: recently a new employee approached me about a work-related issue they were having with a longer serving staff member. I figured this issue could be easily solved informally so I spoke to the other employee and after a long discussion we agreed to solve the problem when I returned from leave.

However, while I was away I received an email from this employee claiming that the issue was none of my businees and they would not cooperate with my resulotion efforts. In addition they threatened to take up grievance procedures against me re poor management, favourtism of staff etc. When I responded to this (I stressed my desire to resolve the situation, as well as asking for more details of my mismanagement) I received a response which implied - among many other things - that I had spoken inappropriately about other staff members, including about one's sexuality (which is untrue). This email concluded by stating that they would only drop the accusations if I dropped the inquiry re dispute with other staff member.

What would be best practise re this? Should grievances such as this be considered genuine, even when all evidence suggests the accusations are being raised in an effort for the staff member to avoid being confonted/disciplined about an issue with another staff member?

Any and all advise welcomed, thanks.

maxer68

Do a report on the issue and send a copy to managing director.

Explain to the new employee that you ahve never had any staff issue in past 3 years and must take both people on their word.

Let him/her know that you believe you have mediated in a fair and responsible way and if they have any forther issues they shoudl put in in writing and that you will pass it on the the managing director for action.

Then any chance you get, sack them as they seem to be troublesome!

If they are with you less than a year you just need to say that "they were unsuitable for the position in which they employed" and give them a weeks pay in lieu of notice.

ezspeeder

Am I correct in assuming it is the longer-serving staff member that has made the threat/complaint against you?

My advice is to seek proper legal advice - the situation you describe has many potential legal ramifications and inappropriate handling of the matter (however well intentioned) at an early stage could cause major problems in getting a successful resolution. I am not suggesting that you 'go legal' merely that you get legal input. Proper legal input can help you resolve the matter without resorting to formal legal proceedings. In other words your legal advisor helps you through the process without ever being visible in the process.

Undoubtedly others will offer alternative views but bear in mind that the 'management' side needs to be 'squeaky clean' when it comes to any dispute with an employee.

EamonOSullivan

I agree with the last poster, except that you may not necessarily need a lawyer, you can get advice from a Human Resources adviser.

As per the previous poster you do need to act, and take advise, although I would not disclose this to the parties involved at the moment as it may inflame the situation.

La Flama Blanca

HRAdvise wrote: »

while I was away I received an email from this employee

Which one?

dbran

Hi

I would urge caution also. If you are a member of Ibec or other similar small firms association that offers an employer's advise service then you might wish to run the situation past them before you undertake any further action. If you are not a member of such organisation then you may want to consider it.

I am not saying what you did was in any way incorrect. Unfortunately its not a matter of right or wrong, it is a matter of procedure, procedure and procedure. And if you do not follow it to the absolute letter you could find yourself in trouble down the line.

I had a client who actually caught a member of staff stealing. Even though they admitted it in writting, because they did not follow the correct disciplinery procedures they couldnt get rid of her. They couldnt even give her a warning because she knew her rights.


Kind Regards

dbran