Moral dilemma: How To Sack Old Retainer

But you should talk to him beforehand giving him a chance to change his ways.

There are a couple of things that crossed my mind.

1. He's been doing the job for a long time and maybe has just 'drifted' into being inefficient. Some clear guidance as to what needs doing might make a difference.

2. He might already be aware that he's not up to the job but doesn't want to let people down.

I think you should talk to him first and see what the situation is.

Also, are there any people in the vicinity who are struggling with their gardens? Would any of them be glad of his help? Suggesting that there are one or two people who would want his assistance might soften the blow.

vegansrock

We wouldn’t object to the payment if we felt he was value for money. But he is extremely slow and does take several tea, fag and chat breaks during his stint. Think a male version of Mrs Overall. Thanks everyone for the advice, I agree honesty is the best and I will suggest to the committee we pay him until Christmas, so giving him a decent notice period.

In that case, it seems a new keen gardener would be the best thing.
He will have other gardening jobs if he only does four hours a week for you, anyway.

I do feel he is taking advantage of your good natures and perhaps knows you are reluctant to give him notice.
does take several tea, fag and chat breaks

Who chats to him? If it's one of the residents then they shouldn't do that until he has finished the job satisfactorily.
Fag breaks- no wonder he has a lot of health issues.

You really need someone who will give value for money and it sounds as if he knows he's on to a good thing.
Good luck.

I suggest you take some advice on how you should terminate this man’s employment, after 20 years service.
If his work is not up to the standard required, the Committee has a responsibility as his employer to make this clear, to set out it’s requirements and standards and to monitor his outputs.

I appreciate that he’s self employed but he may have accrued additional employment rights by length of service. I think it would be well worth getting some HR/legal advice before terminating his employment.

Nortsat is right. Employment rights didn't occur to me.

I'm not sure how much in the way of employment rights this man would have; he is self-employed and it sounds like a casual basis.

Self-employed
If you’re self-employed, you do not have a contract of employment with an employer. You’re more likely to be contracted to provide services over a certain period of time for a fee and be in business in your own right. You’ll also pay your own tax and National Insurance Contributions.

You don't have employment rights as such if you're self-employed as you are your own boss and can therefore decide how much to charge for your work and how much holiday to give yourself.

You do have some legal protection. You must not be discriminated against and you're entitled to a safe and healthy working environment on your client's premises.

Septimai
Would you give him a reference? Out of kindness you might, but then your only passing on his laziness to someone else. Not fair.

Rather you than me - how do you know he is being 'lazy'?

How much over 60 is he? Does he have other jobs? How will he sustain himself if he loses that one? How sad.

Well, if he is spending a lot of time chatting and having fag breaks than he is not working. vegansrock has said he often doesn't turn up for one reason or another, so is not reliable.

If employing someone to do gardening work most people would want the job to be done properly, particularly as the rate per hour is that high. It's not a charity.

It is sad but he sounds as if he has got too comfortable and is taking them for a ride.

We probably pay about that rate for someone to come and cut lawns, do heavy pruning and other jobs as required but he doesn't stop and is excellent value for money.