Employee could be getting sent down - what are my options?

Lifeisbutadream

This is probably going to sound really stupid, because I am sure I know the answer, but the employment laways in this country are so complicated I need to make sure

An employee of mine got 120 hours community service for something I wont go into on here. We were very concerned at the time, but gave him the benefit of the doubt and he continued to work for us.

We have just found out today that he has not been doing his community service and is now in court this week, his solicitor has said that he is likely to get sent down.

What are our options here? I want to terminated his contract if he is sent down, but I am allowed to do this with no notice? I cant just keep his job open and will have to replace him.

Do the usual employee rights satnd if someone is sent to prison? Ive never been in this position before !

Bean_Counter

How long has he worked for you?

Lifeisbutadream

About 18 months

richardw

He won't be turning up for work so will effectively be terminating their own contract.

How long is the sentence likely to be?

Sambucus_Nigra

You have to follow the same procedure that you would follow to dismiss anyone.

To dismiss without notice, he would have had to have committed gross misconduct. Which could be bringing the company into disrepute, being AWOL, or anything else in your terms and conditions that you feel are gross misconduct.

Lifeisbutadream

Sentence likely to be 3 months, we would need to get in a replacement straight away and we also dont want someone who has been in prison working for us!

So how do I need to terminate his employment properly ?

Sambucus_Nigra

Lifeisbutadream wrote: »

Sentence likely to be 3 months, we would need to get in a replacement straight away and we also dont want someone who has been in prison working for us!

So how do I need to terminate his employment properly ?

Follow your gross misconduct disciplinary procedure.

bluenoseam

Follow disciplinary procedures stating that you have reason to believe they will in the very near future be unable to continue their duties as a result of being at Her Majesty's local establishment. I would suggest though that you might want to consult with someone a little more professional in employment law to ensure you're not going to get stung by this. If you have some luck SarEl will be along and will offer words of wisdom!

Sambucus_Nigra

Incidentally, how did you hear about this?

jobbingmusician

My logic suggests the following.

You did not dismiss (or even discipline?) for court appearance and community service penalty. (Did you even discuss it with him?)

He has now committed a SECOND OFFENCE by failing to keep to the terms of his comm svce. Allegedly. You need to open GM procedures, stating that he has obviously failed to learn from his earlier offence and your generosity in overlooking this. He has now totally brought the company into disrepute. Make sure you have your story right, conduct an investigation, and if you have reasonable grounds to think that the story as you have heard it is correct, dismiss.

colino

If he is imprisoned, go through your normal G&D procedure (surprisingly the employee wont attend) and being unable to perform their duties and bringing your business into disrepute, dismiss and record the review, the decision and notify the employee by post.
Someone who refused the easy option of community service you really don't want to be paying.