Small business advice- What is gross misconduct?

LittleVoice

Loop wrote: »

currently we are thinking the best approach is a verbal warning to the employee and aksing him if he ould prefer to give up the job to make time for his gigs (we beleive he will not jump ship though), followed by a letter outlining shop policies to all staff including him.

Be careful about suggesting he might prefer to give up the job. You don't want him claiming you were bullying him to leave.

CFC

Loop, you need to be very careful.

The statement of particulars needs to go to this employee immediately. Also be aware that with 14 month's service this employee has rights under the law.

I really can't understand you about the contract. He either had a piece of paper which he was expected to sign and return with a contract on, or he didn't. (regardless of whether he actually signed it)

When your bf told the employee he would have to arrange his own cover in future, did your boyfriend document the conversation with this employee? The reason I ask is because up until that point your boyfriend had taken responsibility for arranging cover. It is always best when you change a policy to put it into writing (as you are doing now).

You need to remember that if the worst comes to the worst and you are dismissing an employee, or you suspect the behaviour will not improve and you will end up terminating, you will need to show that all disciplinaries leading to that point were reasonable and fair.

Before you go down any disciplinary route,make sure that you have a disciplinary procedure in writing.You are required to have this as an employer.

You might be wise to reconsider giving a verbal warning if you had not documented the policy re getting cover. If you decide to go ahead with the hearing, please make sure it is done correctly.

Send letter out inviting to disciplinary hearing, to be given to employee at least 48 hrs before hearing. State in letter the allegations, and also state that he is entitled to bring a colleague or a member of trade union into the meeting with him. It would be a wise idea to enclose a copy of the disciplinary procedures. If you do not have one already, take a look at this link http://www.acas.org.uk/index.aspx?articleid=820

Although ACAS suggests that the three step procedure is only needs to be used for final warnings/termination, and that for verbal or written warnings one can be more informal, I would not believe this to be a good idea and I would not reccomend it. If the worst comes to the worst and a termination is made and the employee goes to a Tribunal, as I said, each stage of the disciplinary procedure would be looked at for fairness. The more transparant the process, the safer. After all, it's not ACAS that would be handed a big fat bill.

He is allowed to request that the meeting be rescheduled for up to 5 days.

Hold the meeting. Make sure that you take accurate notes of what was said. Make sure the notes are signed by your bf and the employee after the meeting.

Adjourn to consider the decision.

Next day (best practice,can be shorter) reconvene the meeting and deliver the outcome. Make notes again. The outcome must be delivered within 7 days, and you should confirm the outcome in a letter.

Advise that he can appeal (if there is anyone else he can appeal to, use that person. Otherwise it has to be your bf again.)

You miht also wish to document with all employees that closing the shop without authority is potentially gross misconduct, or serious misconduct. If the problem then reoccured with any of your employees, you would then be in a much better position for termination.