FM writes: Am I required to give an employee time off to deal with the
after-affects of a burglary? An employee was recently burgled and is
claiming that he has a legal right to time off to arrange for a locksmith
and so on. I have also noticed that his performance at work is
deteriorating. Can I start disciplinary action over his poor performance?
You appear to have two issues. The first is the employee’s request for time
off, writes Peter Done, managing director of Peninsula.
Employers will usually grant time off, paid or unpaid, for sudden personal
reasons such as bereavement or illness, or domestic emergencies like fire,
flooding or burglary. But there is no statutory right to time off, except to
care for dependants in certain emergencies, to make funeral arrangements for
dependants and attend their funerals.
You may decide that paying employees when they need to take time off will
improve staff morale and loyalty. Also, the employee can request to take
some of his annual leave.
Ultimately, you need to strike the right balance between the needs of the
business and the needs of employee. It is a good idea to have a written
policy so you can deal consistently and fairly with requests for
discretionary leave. The policy should be in the terms and conditions of
employment or within a document such as an employee handbook.
In regards to the employee’s poor performance, the first step is to talk to
your employee. I suggest you invite him to your office for an informal
discussion. Remind him how important he is to your business and express your
concern about specific recent examples of poor performance. Ask if he has
any explanation for his poor performance. His response will help you decide
what your next course of action should be.
If he gives work-related reasons such as pressure of work, unclear objectives,
changing work practices, you may need to consider whether these are
justified. You should look at what support can be given or changes that can
be made to get him back on board as well as issuing an informal warning if
that is appropriate.
If he gives health reasons, then several possibilities arise which largely
depend on the severity of the health problem. This can be a complex area,
involving medical reports.
Kingston Smith LLP, the chartered accountant, and Peninsula, the
employment-law firm, can advise owner-managers on their problems.
Questions should be sent to The Business Doctor, The Sunday Times, 1
Pennington Street, London E98 1ST, or faxed to 020 7782 5765. Advice is
given without legal responsibility. bizdoc@kingstonsmith.co.uk
