Apprentice-day off query?

[NailAddiction]

Hi guys..

I've got an apprentice that over the weekend has been attacked in town on a night out and has hurt her hands and damaged one of her nails with her acrylic being caught. The nail damaged looks infected underneath and has said she needs to go to the hospital tomorrow to have the nail removed. She should have been working 9.30-5 tomorrow with her apprenticeship company coming in in the morning and then in house training booked in all morning!!
How would you deal with this?!

Thankyou in advance!!

 

[kimi1101]

You'll need to call and cancel the training I guess. If she was attacked unprovoked, then that's unfortunate. If she got herself into a fight, I would look into what you can do re disciplining.

 

[NailAddiction]

She said it was an unprovoked attack. Am I entitled to pay her her day off tomorrow?

 

[kimi1101]

I'd call Acas to get proper advice. I'd guess you would need to follow your sick pay protocol as outlined in her contract - did she work today? I'm not sure if it would count as a day off sick or time off for an appointment. Call Acas.

 

[NailAddiction]

Will do that first thing! I can ask her apprenticeship company in the morning too! Thank you!

 

[Cheshire_Gal]

You'll need to call and cancel the training I guess. If she was attacked unprovoked, then that's unfortunate. If she got herself into a fight, I would look into what you can do re disciplining.

So if she played rugby and got hurt would you discipline her?

 

[kimi1101]

What's it got to do with rugby?

If she is going out and causing fights and not able to work for me as a consequence then yes, I would be having a word with her. I don't employ people so that they can not work because they have been out scrapping at the weekend.

 

[Cheshire_Gal]

What's it got to do with rugby?

If she is going out and causing fights and not able to work for me as a consequence then yes, I would be having a word with her. I don't employ people so that they can not work because they have been out scrapping at the weekend.

Your probably more likely to get iniured playing rugby every weekend thats all.

 

[VeryBusyBunny]

It is none of employers business how it happened if it happened in her spare time. If she is injured she cannot physically be in work. If that happens all the time when she is off work because of injuries it is worth taking disciplinary actions....

 

[persianista]

Most contracts have clauses in them that illegal activity, even outside work can be grounds for dismissal/disciplinary.
If she got done for murder at the weekend, or caught shoplifting, would you argue that it's none of her employers business?

 

[Cheshire_Gal]

Most contracts have clauses in them that illegal activity, even outside work can be grounds for dismissal/disciplinary.
If she got done for murder at the weekend, or caught shoplifting, would you argue that it's none of her employers business?

Obviously murder, cos she'd be on remand. Shoplifting is a totally different to getting into a fight or even committing the offence if assault. Shoplifting is an acquisitive crime that has an element of dishonesty associated with it. If someone is constantly having time off then this obviously needs addressing.

 

[Myarka]

I don't know if you have a written disciplinary procedure, which all employers should have. Under the terms of a disciplinary procedure an employee can be dismissed for bringing the business into disrepute.

For example, if the employee was seen fighting in the street by clients, and your salon subsequent lost those clients because of her conduct, you then have grounds to discipline her for bringing the business into disrepute.

For further information see the ACAS guide:

http://www.acas.org.uk/media/pdf/l/c/Discipline-and-grievances-Acas-guide.pdf

 

[Cheshire_Gal]

I don't know if you have a written disciplinary procedure, which all employers should have. Under the terms of a disciplinary procedure an employee can be dismissed for bringing the business into disrepute.

For example, if the employee was seen fighting in the street by clients, and your salon subsequent lost those clients because of her conduct, you then have grounds to discipline her for bringing the business into disrepute.

For further information see the ACAS guide:

http://www.acas.org.uk/media/pdf/l/c/Discipline-and-grievances-Acas-guide.pdf

Is she fighting defending herself or has she hit first with a pre-emptive strike, both of which you are allowed to do by law. The problem with people seeing things happening (witnesses) is that its the weakest kind of evidence. What one person sees and interprets, someone else sees and interprets totally different. Also very rarely do we witness something from the very very beginining, most of the time its like a balance sheet, a snap shot in time. Also you can not say how the therapist is interpreting the situaton. She may have been verbally threatened and believes an attack is imminent, so therefore lashes out (pre-emptive strike) which will look terrible to those who dont know the full facts. Is she pinning someone down on the floor aggressively or is she restraining a violent shoplifter. See what im getting at. What if she goes every weekend and gets totally drunk and is falling over. She doesnt injure herself hut doesnt look very pretty. Some clients see her and dont agree with it and leave your salon, is she going to get disciplined? Dont forget that the Human Rights Act gives a provision to a right to a private life. Very risky ground going down thus route me thinks x

 

[Myarka]

Is she fighting defending herself or has she hit first with a pre-emptive strike, both of which you are allowed to do by law. The problem with people seeing things happening (witnesses) is that its the weakest kind of evidence. What one person sees and interprets, someone else sees and interprets totally different. Also very rarely do we witness something from the very very beginining, most of the time its like a balance sheet, a snap shot in time. Also you can not say how the therapist is interpreting the situaton. She may have been verbally threatened and believes an attack is imminent, so therefore lashes out (pre-emptive strike) which will look terrible to those who dont know the full facts. Is she pinning someone down on the floor aggressively or is she restraining a violent shoplifter. See what im getting at. What if she goes every weekend and gets totally drunk and is falling over. She doesnt injure herself hut doesnt look very pretty. Some clients see her and dont agree with it and leave your salon, is she going to get disciplined? Dont forget that the Human Rights Act gives a provision to a right to a private life. Very risky ground going down thus route me thinks x

You are right to show caution when dealing with events outside the workplace. Disciplinary is a process and it must be done correctly. It is not a court of law and must not be seen as one. If the process is to be entered into it can only be done so on the basis of bringing the salon into disrepute, not the act itself. If you follow the ACAS guide, then there will be no infringement of current legislation. But if in doubt, always take legal advise. I've found the ACAS hotline very helpful.

 

[persianista]

I would think it comes down to whether or not the police charge her. If she was brawling, and charged with affray, then it's a matter for the employer. If no police action is taken, then not.

 

[Cheshire_Gal]

I would think it comes down to whether or not the police charge her. If she was brawling, and charged with affray, then it's a matter for the employer. If no police action is taken, then not.

Being charged and being found guilty are 2 totally different things!

 

[NailAddiction]

UPDATE-
She had Tuesday off to go the hospital they treated her for the infected nail and kept the acrylic enhancement on.
Today she has been to the doctors and has a doctors note for the rest of the week as she has sprained her finger..
Do I have to pay her for the rest of the week??!

 

[SarLouise]

UPDATE-
She had Tuesday off to go the hospital they treated her for the infected nail and kept the acrylic enhancement on.
Today she has been to the doctors and has a doctors note for the rest of the week as she has sprained her finger..
Do I have to pay her for the rest of the week??!

I think it's statuary sick pay for rest of week if she's got a docs note? A little bit less that normal pay.

Sent from my GT-I9505 using SalonGeek mobile app

 

[kimi1101]

Sorry, I shouldn't laugh but I am. Sprained finger?! Probably best getting it amputated.

 

[NailAddiction]

Sorry, I shouldn't laugh but I am. Sprained finger?! Probably best getting it amputated.

Hmm don't apologise!! I've had to keep my mouth shut and not day anything I shouldn't!!