How best to Approach Gross Misconduct

spadoosh

Jarndyce wrote: »

Peninsula? hahahahahahahahahahahahahahahahaha

I dont get your berating my posts, many companies use penninsula, and your comment seriously undermine their business. carry on with posts like this and they will be reported. Like i said not cricket and if you really are in law you act like a child.

tomjonesrules

John_Hancox wrote: »

Many thanks for your responses so far, I feel it's becoming a little less clear cut than at first it seemed. Having the experience and voice of others in this matter is certainly a good way to air this problem without the prejudice of others that maybe affected within my company.

Here is a further response from another forum who's advice was sought.

Your thoughts on this please ?

That is an excellent overview of the situation, and in particular highlights the potential for litigation, whether that resulted in a successful outcome for the claimant or not.

If you really do wish to dismiss him, I would be looking at this as a cost benefit analysis. What do you gain by dismissing him, financially or otherwise, and what are the potential costs, both in terms of replacement/ training, effect on morale and legal expenses.

tomjonesrules

Jarndyce wrote: »

Peninsula? hahahahahahahahahahahahahahahahaha

It is difficult to treat your posts as those of a professional when you continue to deride others.

SarEl

The only difference I would have is that I have no confidence in his mitigation being accepted by the tribunal. They simply do not accept mitigation - they have no right to replace the employers opinion with their own. All they can consider is whether he is guilty of the offence or the employer has reasonable belief that he is (and he's admitted it); and whether the dismissal was within the range of outcomes that a reasonable employer would take. The latter test is the only weak link and I am inclined to think that it isn't that weak. Theft/fraud is routinely seen as a dismissable offence.

My problem is that I think dismissal is used too easily and too often, and that mitigation should matter where is is a significant argument - but this is a moral viewpoint and not a legal one. I would concur with WestonDave - a right royal ^^^^^ing and a final warning is generally more than enough to deal with this issue.

But if you are inclined to dismiss, I would agree with Jarndyce - do not rely on any legal advice line (most of which are not staffed by legal staff) - consult a lawyer, but be aware that it could be the first of many bills you will have. Tribunals do not come cheap and you will stand no chance of recovering your costs.

Uncertain

spadoosh wrote: »

Jarndyce absolutely nothing wrong with my post..........

Well I struggle to find much right with it!

Googlewhacker

tomjonesrules wrote: »

I don't normally do emotive stuff, but in the space of a few days there have been two media reports of a parent killing the rest of their family, in one case a matter of days after a dismissal. I'm not for a minute suggesting that this man would be so desperate as to do this, but I would keep in mind his mental state when making your decision. I'm not sure how anyone would cope with dismissal at this time of year, especially if their child is unwell.

(Apologies for being so soft - must be hormonal! )

This is disgraceful to pushing this type of scenario onto the OP.

Googlewhacker

dandelionclock30 wrote: »

Perhaps ask yourself If you could forgive him if you let him stay? if you dont think you could and would still harbour a grudge towards him and be waiting for him to slip up, its probably best to let him go.Only you know deep down if the relationship with that person is over.
If you do let him stay then you have to be prepared to move on too. Its not just about him, its about you too.
If you dont think you can then let him go on a compromise agreement with a negotiated reference.
A final written warning is no walk in the park for an employee.If the guy is stressed and anxious, this will not go on a final written warning.He will be walking on eggshells. Is this really a better option? I hated being on a final written warning and wished I'd had left under an agreement prior to that.

Thing is the OP has no need to give the employee an agreement because the employee has admitted wrong doing.

However I am inclined to believe that SarEls post is the best and that a long final written warning is probably the best to go.

However the question is can you trust this person and have you investigated to see whether this is actually a one off or is a common feature within the company?

Actually if anything him admitting his wrong doings should perk you up to make sure your company is running efficiantly and that you have procedures in place.

Googlewhacker

Jarndyce wrote: »

Peninsula? hahahahahahahahahahahahahahahahaha

Peninsula for our company I have always found very good (saying that I deal with one person so I could be lucky). It is effectively the union membership for a company.

However they are well worth their money IMO and something the OP should have a look at

Uncertain

Googlewhacker wrote: »

This is disgraceful to pushing this type of scenario onto the OP.

Why?

People need to be aware of the potential consequences of their actions.

Googlewhacker

Uncertain wrote: »

Why?

People need to be aware of the potential consequences of their actions.

Because its so unlikely and you could use that arguement for many many different scenarios.

The employer should not be guilt tripped into making their decision.