Quizzes & Puzzles0 min ago
Do I Need To Give Notice To My Gardener To Terminate His Service?
38 Answers
Just over one year ago, I started using a gardener.
He is self-employed and I rely on him to tell me how many hours he needs to be paid for. He is supposed to work one afternoon, for four hours per week.
Soon after appointing him, he increased his hourly rate from £15 to £20 per hour.
Then he asked if we would pay 4 days holiday per year - we agreed to 4 x 4 hours holiday pay as he seemed reliable and hard working and we didn't want to lose him.
I know that on the few occasions when I have been here, he doesn't always arrive at the expected time (1pm) and leaves before the 4 hours is completed. I haven't made a fuss as he does do a good job and the garden looks so much better than before.
However, this week I was around and saw him in the garden at 1:10pm. I went out to offer him a drink and remarked that I hadn't seen him arrive. We discussed which jobs I wished for him to do that afternoon and I left him to it. I saw him a couple of times from the house in various areas of the garden. However, when I went out to see him a just past 4 o’ clock, he was waiting in the drive. I went round the back of the house to get to talk to him, but as I reached the driveway gate, he was just getting into a car which had pulled up. That evening, I informed my husband that the gardener should be paid for 3 hours for that afternoon. The next evening I received an email from the gardener saying that he worked 4 hours the day before.
I apologised for the misunderstanding and said that I had assumed that he had just arrived when I saw him in the back garden and asked him to clarify the time that he had arrived, as I had been looking out for him. He is not aware that I saw him leave at 4:10pm. I am waiting for his reply.
This is the final straw for me now. I have been very patient until now but I do not like being deceived.
I am considering writing to him to end the service. Do I need to give him an explanation for stopping and would I need to give him notice?
Thank you for taking the time to read this.
He is self-employed and I rely on him to tell me how many hours he needs to be paid for. He is supposed to work one afternoon, for four hours per week.
Soon after appointing him, he increased his hourly rate from £15 to £20 per hour.
Then he asked if we would pay 4 days holiday per year - we agreed to 4 x 4 hours holiday pay as he seemed reliable and hard working and we didn't want to lose him.
I know that on the few occasions when I have been here, he doesn't always arrive at the expected time (1pm) and leaves before the 4 hours is completed. I haven't made a fuss as he does do a good job and the garden looks so much better than before.
However, this week I was around and saw him in the garden at 1:10pm. I went out to offer him a drink and remarked that I hadn't seen him arrive. We discussed which jobs I wished for him to do that afternoon and I left him to it. I saw him a couple of times from the house in various areas of the garden. However, when I went out to see him a just past 4 o’ clock, he was waiting in the drive. I went round the back of the house to get to talk to him, but as I reached the driveway gate, he was just getting into a car which had pulled up. That evening, I informed my husband that the gardener should be paid for 3 hours for that afternoon. The next evening I received an email from the gardener saying that he worked 4 hours the day before.
I apologised for the misunderstanding and said that I had assumed that he had just arrived when I saw him in the back garden and asked him to clarify the time that he had arrived, as I had been looking out for him. He is not aware that I saw him leave at 4:10pm. I am waiting for his reply.
This is the final straw for me now. I have been very patient until now but I do not like being deceived.
I am considering writing to him to end the service. Do I need to give him an explanation for stopping and would I need to give him notice?
Thank you for taking the time to read this.
Answers
Don't make an excuse tell him you are not satisfied he is working the contracted hours and terminate him. And you paid him holiday when he's self employed?? Really?? What a nice person you are. There are plenty of reliable people looking for work.
18:11 Sun 24th Jul 2016
When my ex-boss took redundancy from BT he had no idea what to do. I knew he liked gardening so I suggested he might do that as a job...he hasn't looked back since as apparently there are a lot of cowboys out there and he quoted reasonable hourly rates and did what he promised to do (this is in Kent).
I pay my gardener (in Yorkshire) £15 and hour but after 5 years I think he's starting to take the p***.
I pay my gardener (in Yorkshire) £15 and hour but after 5 years I think he's starting to take the p***.
Thank you for the comments.
I am a fair person and decided that because I get holiday pay, there was no reason to refuse paying it to the gardener. Foolishly, I thought that if I am good to him, he would return the loyalty.
I shall be employing a new gardener and I will try not to make the same mistakes again. I will definitely be recruiting from recommendations next time.
It's not all bad though, our garden has never looked as good as it does now. We had our rockery built from scratch and he has made a really good job of it and that alone has been money well spent.
I hope that he is going to be upset at losing the business and will learn from his mistakes.
I am a fair person and decided that because I get holiday pay, there was no reason to refuse paying it to the gardener. Foolishly, I thought that if I am good to him, he would return the loyalty.
I shall be employing a new gardener and I will try not to make the same mistakes again. I will definitely be recruiting from recommendations next time.
It's not all bad though, our garden has never looked as good as it does now. We had our rockery built from scratch and he has made a really good job of it and that alone has been money well spent.
I hope that he is going to be upset at losing the business and will learn from his mistakes.
I have just sent the following email:
"Dear (Gardener's Name)
It is with regret that (husband's name) and I have decided not to continue having our garden maintained by you.
I think we have acted fairly to you, increasing your hourly rate by 33% and paying holiday pay, when requested and without argument.
However, there have been occasions when we have wondered whether you were putting in 4 hours a week. Sometimes, (husband's name) would work from home in order to talk to you about future plans for the garden. You were never there before he had to leave and you were not there when I returned from work, less than four hours later.
Once, we even suspected that you had been working on your car in our driveway. Not that we would have minded had you sought permission.
I have always defended you under the circumstances. However, last Thursday I was awaiting your arrival and as far as I am aware, you did not arrive before 1pm. I watched you leave at 4:10pm as I had come to find you to ask you a question, and I saw you were getting into a car.
I feel let down and deceived by you and under the circumstances cannot continue to use your services.
I hope that you will learn from these mistakes."
"Dear (Gardener's Name)
It is with regret that (husband's name) and I have decided not to continue having our garden maintained by you.
I think we have acted fairly to you, increasing your hourly rate by 33% and paying holiday pay, when requested and without argument.
However, there have been occasions when we have wondered whether you were putting in 4 hours a week. Sometimes, (husband's name) would work from home in order to talk to you about future plans for the garden. You were never there before he had to leave and you were not there when I returned from work, less than four hours later.
Once, we even suspected that you had been working on your car in our driveway. Not that we would have minded had you sought permission.
I have always defended you under the circumstances. However, last Thursday I was awaiting your arrival and as far as I am aware, you did not arrive before 1pm. I watched you leave at 4:10pm as I had come to find you to ask you a question, and I saw you were getting into a car.
I feel let down and deceived by you and under the circumstances cannot continue to use your services.
I hope that you will learn from these mistakes."
He replied that he was shocked to read my email and that he had worked 4 hours last week, starting from 12:10pm. He said that there had been a spillage in his car of paint restorer and he had left the tin at the site of our bonfire, he said he did not do work on his car in our driveway. He said that he has always made up any shortfall in time and that he takes great pride in his work and that his reputation is important to him. Finally, he told me what an impact losing this job would mean to his income and supporting his young family.
I showed the email to my husband who immediately transferred £20 to make up for the disputed hour last week. As far as we are concerned, that's the end of it now.
I showed the email to my husband who immediately transferred £20 to make up for the disputed hour last week. As far as we are concerned, that's the end of it now.
No, he worked here last week on Thursday. I was aware of him being here for three hours, so we transferred 3 hours pay to his bank account.
The following day he sent a message to say he worked 4 hours.
He didn't respond to my message asking him of his time of arrival or where abouts in the garden he had been working.
I have no proof that he put in 4 hours, except that I had been looking out for him and did not see him before 1:10pm.
The £20 paid on Tuesday was to stop the gardener from saying that we owe him money.
The following day he sent a message to say he worked 4 hours.
He didn't respond to my message asking him of his time of arrival or where abouts in the garden he had been working.
I have no proof that he put in 4 hours, except that I had been looking out for him and did not see him before 1:10pm.
The £20 paid on Tuesday was to stop the gardener from saying that we owe him money.
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