How would you deal with this if this happened at your workplace !?
Are your steward ’ s casual workers or employed ? This needs to be your first line of thinking , if they are classed as casual workers you have fewer restrictions and obligations as an employer , this also means you have no requirement to bring formal disciplinary procedures upon the “ workers ”.
Therefore , if you are not satisfied with the standard of performance received from a “ worker ” it is your right to no longer provide this person with work . If you require a less abrasive action , then a conversation regarding the appropriate standard of behaviour whilst in the steward ’ s position would be appropriate .
However , if you “ employ ” your Stewards , albeit part time , the rights and obligation to discipline the employee is yours and a formal process must be followed according to contract / disciplinary procedure .
Recent employment law states that it is not just the contract of employment which indicates whether or not an individual is deemed as employed or not , it is the whole picture that needs to be taken into account . A checklist approach cannot be an indicator of employment status .
Dhillon and Dhillon v HMRC highlights the requirement for us to step back and look at all the facts and the bigger picture .
CASE : Several individuals who were paid a fixed amount per shift , they could refuse jobs and were not guaranteed work however , there was training and induction provided , the individuals needed to meet competency and safety requirements and they provided their own equipment but used the company vehicles .
The findings of this case were that First Tier Tax Tribunal found that the individuals were classed as employees during each contract and that a degree of control was exercised upon them as well as the fact that the individuals were not on business of their own accounts .
Therefore , in the case of an employee , there is a problem with 1 ) employment law i . e . what action needs taking with the employees , 2 ) criminal law i . e . do the police need involving and 3 ) publicity . So what can you do ….
In all cases fair processes must be followed . Formal disciplinary procedure .
• Investigate ( collate as much information as possible in order to make informed decisions )
• Invite the individual to a meeting to discuss your findings ( allow the right of accompaniment i . e . another member of staff or a trade union rep )
Decide an appropriate outcome .
• Always allow the employee the right of appeal .
• Did the investigation evidence a criminal act had taken place ?
• If you feel the matter is a criminal offence , then you are well within your rights to contact the police .
• Even if the police choose not to take the matter further , it may still be appropriate to sanction the employee under your internal procedures .
Publicity .
• This is a little more serious and would be seen as a major factor in the level of disciplinary action taken upon the employee . How much damage has the incident done to the reputation of the club ? How do you want to be seen as dealing with it in the public eye ?
Elcons Employment Law Consultants run free training events for their clients but if you would like to book in to a complimentary session or if you have a query you need help with please get in touch . 01422 822 842 . www . footballfocus . biz 5