• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Can you bar a member of staff from the workplace when they are not at work

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can you bar a member of staff from the workplace when they are not at work

    I really am writing this on behalf of a friend (Family member actually)

    Background
    A divorced, couple co-own a food business and are still running it together, in a separate kind of way. Ex-husband opens the restaurant on certain days and has his own staff, and the ex-wife runs it on the other days with her own staff, although it’s one company and they are all paid through the same payroll.
    The business originally belonged to the wife, and the husband gained his half when they married, and of course, subsequently kept it after divorce. He will not buy her out, and she cannot afford to buy him out, so I guess they are stuck.

    A member of The ex-husbands staff regularly comes into the restaurant when it’s not her day to work, She goes behind the counter, turns equipment on, shouts, threatens, and there has actually been physical violence started by this staff member against the ex wife,although it’s not been reported to the police because the ex-wives partner retaliated and so they’ve all agreed to not proceed with any chargers apparently. The ex-husbands staff member goes behind the counter On her days off, turns equipment on shouts threatens, and that has actually been physical violence, she refuses to leave the restaurant, although the violence not been reported to the police because the ex-wives partner retaliated and so they’ve all agreed to not proceed with any charges apparently. This member of staff has now sent voice and text messages to the ex-wife, which contain death threats. The police have been contacted with regard to these death threats, and just say it’s a civil matter and are not interested further than that.

    my question is
    what can the co-owner of the business who is the ex-wife do to ban the staff member from the premises, as this individual is employed by her ex-husband to work only on her ex-husband’s days.
    Tags: None

  • #2
    Is the ex-husband aware this is happening? Has he confirmed it isn't being done on his behalf or with his approval?

    Assuming the ex-husband denies the person is acting with his authority the person has no right to be on the premises at all, let alone go behind the counter and interfere with the equipment. The ex-wife is entitled to ban anyone from the premises on the days she.is running the business there (unless there is any agreement with her ex-husband that says otherwise).

    Does she know the person's name and address? She should write to the person confirming they are banned from the premises on the relevant days. It might be more effective if it comes from her solicitor.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post
      Is the ex-husband aware this is happening? Has he confirmed it isn't being done on his behalf or with his approval?

      Assuming the ex-husband denies the person is acting with his authority the person has no right to be on the premises at all, let alone go behind the counter and interfere with the equipment. The ex-wife is entitled to ban anyone from the premises on the days she.is running the business there (unless there is any agreement with her ex-husband that says otherwise).

      Does she know the person's name and address? She should write to the person confirming they are banned from the premises on the relevant days. It might be more effective if it comes from her solicitor.
      The ex husband knows and condones this behaviour . He employs this person on the days that he runs the restaurant. The issue is that this Person comes into the restaurant and causes upset on the days when the wife runs the restaurant. The wife wants to ban the employee from entering the premises when they are not on duty.
      The ex husband will not publicly say he condones this behaviour (the split was very bitter). The wife is collecting evidence of the harassment caused by this employee when they enter the establishment on their days off). So far, the police have been zero help.

      Comment


      • #4
        Why is the wife not just telling the person they are banned and confirming it to the person in writing? Preferably a letter from her solicitor.

        Although collecting evidence of harassment is a useful thing to do she doesn't need that to ban the person.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Originally posted by PallasAthena View Post
          Why is the wife not just telling the person they are banned and confirming it to the person in writing? Preferably a letter from her solicitor.

          Although collecting evidence of harassment is a useful thing to do she doesn't need that to ban the person.
          unfortunately the person does not heed a verbal ban and continues to harass. The wife endured physical and emotional abuse when married to the ex, and is now stuck in business with him (he wont buy her out nor sell his half to her, it was originally her business and he married into it).

          I have suggested the solicitors letter, so will see happens as a result of that. I was just wondering, on the wife’s behalf whether it was legally possible to ban an employee who is still employed there (albeit on alternate shifts when the husband is in charge)

          Comment


          • #6
            The employee isn't employed there on the days the wife is running the business.

            It sounds like a solicitor's letter is definitely needed to give weight to the ban. The person is than an intruder and trespasser if they try to enter and the wife can require them to leave. The police may say that the dispute netween husband and wife is nothing to do with them but a trespasser threatening physcal force, assaulkt and criminal damage most certianly is a police matter and they should turn out for that.
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X