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Steve Brown
Member - 3 posts
We have a cleaner who works 3 hours per week. She doesn't have a contract of employment but is on our payroll and has worked for approx two years. The quality of her work is generally satisfactory, however, I have had problems with her stretching back for some time with the washing up of mugs, glasses and plates (we are a small office with eight people). To cut a long story short she doesn't like doing it and when we have talked about it she claims that I misled her about this side of the job when I interviewed her; that is not the case as our previous cleaner did everything, so we have a situation where we have agreed to disagree. I want to replace her but am concerned as to whether she has employment rights (I assume so). Can I terminate her work immediately and look for another cleaner or do I have to go through a disciplinary process? Also, can I cut her wages as in my view the job she was hired to do is not being done completely?
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Anne McAllister
Member - 165 posts
Hello Steve,
Your cleaner does in fact have a contract of employment which began as soon as she started working for you.
http://www.berr.gov.uk/employment/employment-legislation/employment-contracts/index.html
A written statement of terms and conditions should have been issued within 2 calender months of the acceptance of the job offer.
http://www.acas.org.uk/index.aspx?articleid=1577
Regarding the decision to agree to disagree about the cups, it is irrelevant wether your previous cleaner accepted that task or not.
This lady feels misled,rightly or wrongly,and not having a written agreement has only compounded the situation you are in.
Any cleaners I have worked with have only washed and cleaned personal items ,like cups ,desks etc as a favour.
Theres absolutely no reason why the staff cannot clean up after themselves.
If however you feel this should be part of her job why not offer her an incentive?
Shes only earning 3hours money..and extra few quid would go along way to settling any animosity between you.
You say you want to replace her and terminate her work immediately??
Well that would be downright unfair and would leave you open to ET claims against you.
Using the disciplinary policy is also unfair as this is a disagreement which any fair minded employer would attempt to resolve amicably.
You have stated that the quality of her work is satisfactory and she has been with you for 2yrs so whats the real problem?
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Steve Brown
Member - 3 posts
Anne
Thanks for your response, it made me think hard about the real problem and I suppose it comes down to the fact that I believe in paying well to get the best and with all my other staff I reap the benefits of that in terms of their commitment. In this case with the cleaner she is paid 12.50 per hour (which is probably what you would pay an agency for a cleaner) and what irks me is that the cleaning of cups etc is an irregular thing because more often than not the staff wash up their own cups, plates etc.. I'm not getting that little extra that I get from all the other staff for being well paid.
Perhaps bottom line is that my expectations with this type of role are just unrealistic.
It seems from what you are saying that whilst I might not like it I'm going to have to lump it.
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James Fairchild
Member - 336 posts
I don't like washing up mugs and plates - but I'm not paid to do that.
I think you should issue this person with a job description and T&Cs - then see if she improves. I assume you deduce PAYE and NI from this person's wages?
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