OK thank you very much.. So basically what I understand from this is that it is NOT possible to simply demote someone from their position UNLESS I have exhausted the avenue of structured meetings where I document the improvements required and give him a chance to improve, and if not then perhaps consider demoting him. are written warning necessary? We do have what we call 'informal disciplinary', where we document the behaviour displayed and what improvement needs to take place. This still doesn't solve the fact that fundamentally his attitude and beliefs and demeanour are wrong, and that is not going to change. Do I really have to do a form with him after every little thing? and then its things like I want him to do things one way, and he wants to do it another way. It's just a difference of opinion. I can try and bring it down to specific things and see what happens.

Hey guys I am really curious to know what the rules are for demoting someone at work.. I have a manager in one of my stores and he is doing a poor job. Basically his general attitude and belief towards work are not in line with what I want and I don't believe he is going to change. he is too soft on his staff, and let's them get away with things. He has a different management style to mine, and whenever I try to make him see it my way, his response is "we will have to agree to disagree".. He doesn't see that it is his soft attitude that is causing staff to like him and not in fact because he is a good manager .. He has been in that position for 2 years and with the company for almost 5 years. I don't want to sack him, as I could use him elsewhere ito do other tasks, but I do want to demote him, either from his managerial role completely or put him as assistant manager to someone else who will be above him. I just wondered what the rules are for demoting someone? Is there a process I have to follow? As I understand it, I can demote him but still keep his rate of pay the same (which I don't want to do). I should mention he is also on a bonus structure. Any help would be really appreciated guys.. Paul

Hi Guys, I have a female colleague who I has just had a promotion to a senior position where she will be in charge of people. Problem is, she is very attractive and is getting a lot of attention from male colleagues in the work place whom she is charge of. Things like touching her physically, flirting with her, calling her 'hi sexy' etc.. I want to give her the right advice on how to handle this situation- basically by saying that she should not do anything that can be classed as 'leading the guys on' - although I do know that sometimes there is nothing really that can be done about this. Guys sometimes see a green light when there is none. but to give you an example, we had one guy at work who was poking her on the side while she was leaning over to fill in some paperwork, and instead of telling him to stop, she let him continue (for about 10 seconds) and then she moved away. This kind of thing in my opinion leads guys on. She comes to me the next day saying that this particular guy is creeping her out. On another example, she quite openly gives hugs to another guy at work whom she is quite friendly with. So I dont know how to handle this- I want to give her the right advice - but what do I need to tell her? 1 - stop being so friendly with them 2- if anyone touches you- put a stop to it immediately 3 - don't flirt with any guys at work 4 - have a meeting with all the men and tell them to keep the hands off? Any help would be really appreciated guys! Thank you, Paul

It is a delicate situation I agree.. I guess as a guy he would probably take it quite personal that a girl didn't want him touching her. Its not a very nice thing to be told. And when I did confront that particular person about it, he seemed to 'blow it off' like it was no big deal. Like she didn't really mean what she said. I see now that perhaps I shouldn't have mentioned to the guy that the lady in question mentioned it to me, because it would put her on the spot as well, and make both of them uncomfortable. But then, what if this happens while you are not there and the guy realises that no one is around, you can't lie and say that you 'saw it', you have to simply say that the lady told you what had happened. thing is, if I just come out and say that they have to watch how they touch other women, it might put everyone at guard as to what they can and cant do. One thing I wouldn't do is to discuss the situation with both of them present. papasmurf - that's the thing, the girl doesn't really know how best to handle it herself, so it is up to use as manager to make the right choice. She was indifferent about which way I handled it, which I guess makes it not as serious as if she were to come and say 'I want to make a formal complaint about x', because then it is your duty to do something about it. Should I have asked for her 'consent' before taking it any further? Also, you mention that 'that all staff should be aware that some perhaps innocent actions of touching can be endured by female staff and that is still unacceptable.' - can I ask what you mean by this? Thanks again for all your help..

OK thank you very much for your thoughts on this. So What I understand from this is that someone cannot be accused of sexual harassment if the 'victim' had not made their intentions clear - that they don't want that particular person to touch them. I am just wondering if people have to be 'extra cautious' in the work place, or to act normal, but if someone raises a concern, then that is when someone should take great care. A young lady came to me recently (I am in a management position) and said that some of the male staff had been touching her, and it made her feel slightly uncomfortable - the act itself was innocent enough, i.e. they would rub her on the lower back as they were leaving, or touch her on the side.. but she came to me and said she was uncomfortable by it. However, this wasn't done in a 'I want something don't about it now' kind of way, it was more like 'that guy is creepy and he keeps touching me' kind of way. So how should I handle a situation like this? Thing is, she is still friendly to the guys, because she is naturally a friendly person, but I am just wondering if this will serve to encourage the guys on- even though it shouldn't. Should I approach the men in question and ask them to back off? Any help would be really appreciated.. Paul

Hi, I have been searching for an answer to this, but can't seem to find an accurate one.. Can someone please clarify what constitutes sexual harassment in the work place? I am confused as to where the boundaries are with regards to touching and non touching.. I know that if a guy touches a woman somewhere in the private parts, that is classed as automatic sexual harrassment, but what about if he puts his hand on her shoulder whilst talking to her? or if wants to give her a friendly cuddle for example, is that the same thing? What if a woman is friendly with some men at work, touching them and being very open to them touching her, but then gets uncomfortable when some other guy touches her.. is this double standards? Thank you very much, Paul

Interesting.. I thought you could change the days that someone works as and when you please. Thought that most contracts state that you are employed for a certain number of hours (5hrs for part time, and 35 for full time), and that you are required to be available Monday to Sunday according to the needs of the business.

Thank you for the responses, much appreciated. OK so now I am confused. I have read several threads on this forum that say if someone has worked for a company for less than 1 year, then there is nothing they can do if they are sacked from work. So are you saying that you can dismiss anyone at work within the one year period, as long as the dismal is not unfair and discriminatory? On what grounds can you terminate someone's employment within the 1 year period? Can you simply tell them 'its not working out?' (if they are not doing a good job) Also, from what I understand, if you do terminate someone's employment before the 1 year service period, and after they have been with you for 1 month, you still have to give them a week notice before you have to sack them? Thanks for your help Paul

Thanks for your reply HB, It is an ongoing contract, where the employee is contracted for 5 hours a week only. there is a section in the contract about giving notices, however I wondered whether this would still apply to terminating employment within the 1 year stage.. Best, Paul

Hi, Does an employer still need to give an employee notice period before terminating their employment, given that they have a contract of employment, and they have less than 1 year service? Or can they dismiss the employee as and when they please? Do they need to give the employee a reason for doing so? Thanks, Paul

I agree that there needs to be a fair system in place to protect the employees from unfair dismissal, however I also agree that it should not be so easy for employees to just take any company to court as they please. I am sure the courts don't have the time or money to waste on employees thinking they can just get away with 'trying their luck', simply because they know its a win-win situation, and they have nothing to lose in the process. I hope that does not come across in the wrong way. If there is a genuine case for unfair dismissal, I am all for it, however I don't like to see people taking advantage and abusing the system. Two years does seem like a long time though.

You do not accrue any holiday whilst being off sick, so all your holiday would come from the work you have already done.

Well if you have done 35 odd hours week in week out, then no existing (or non existing) contract can override your current working conditions. They should have given you a copy of the contract of employment, it is illegal otherwise. I think you have a case.

I think the major issue here is that as a company, they failed to provide you with a contract of employment, which, by law- they have to as soon as reasonably possible. So how can they terminate your employment without providing with a written contract and accompanying employee handbook? Seems very illegal to me, and THIS is the point I would stress to the solicitor.