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

Lifeisbutadream

bluenoseam wrote: »

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!

I have never had to take disciplinary proceedings before, so I have no idea where to start. Probably going to have to spend some money here

Lifeisbutadream

Sambucus_Nigra wrote: »

Incidentally, how did you hear about this?

He told me

Lifeisbutadream

Sambucus_Nigra wrote: »

Follow your gross misconduct disciplinary procedure.

I have never done this before, it is only a small business.

SarEl

Oh dear, what an awful lot of processes and procedures for one very simple problem.

Employees are expected to attend work. The only exception to this would be if they are on leave, or legitimately ill and signed off (or seld-certified). If Her Majesty is preventing him from attending work, then this is frustration of contract. He can't come.

He hasn't committed misconduct or gross misconduct - why would you want to suggest that he has, and open yourself to the argument that you dismissed unfairly because he hadn't? He hasn't done anything to you and you aren't claiming he has.

Just wait until he doesn't turn up for work. You aren't required to pay him for days he is absent. If you get an explanation from him /someone, then the action is "I am very sorry but he is expected to attend work and if he doesn't, he's resigned, and if he is prevented from doing so, it's frustration of contract". if you don't, after a couple of days absennce write to him and say that he hasn't turned up for work or phoned in sick and if he doesn't do one or the other immediately you will take it that he has resigned.

Should take about five minutes at most, either way. No need to get all disciplinary! Not unless he doesn't get sent down and you still want to dismiss - that may be a little more complicated.

Lifeisbutadream

SarEl wrote: »

Oh dear, what an awful lot of processes and procedures for one very simple problem.

Employees are expected to attend work. The only exception to this would be if they are on leave, or legitimately ill and signed off (or seld-certified). If Her Majesty is preventing him from attending work, then this is frustration of contract. He can't come.

He hasn't committed misconduct or gross misconduct - why would you want to suggest that he has, and open yourself to the argument that you dismissed unfairly because he hadn't? He hasn't done anything to you and you aren't claiming he has.

Just wait until he doesn't turn up for work. You aren't required to pay him for days he is absent. If you get an explanation from him /someone, then the action is "I am very sorry but he is expected to attend work and if he doesn't, he's resigned, and if he is prevented from doing so, it's frustration of contract". if you don't, after a couple of days absennce write to him and say that he hasn't turned up for work or phoned in sick and if he doesn't do one or the other immediately you will take it that he has resigned.

Should take about five minutes at most, either way. No need to get all disciplinary! Not unless he doesn't get sent down and you still want to dismiss - that may be a little more complicated.

Thank you ! really appreciate that, I was hoping it was as simple as that

If he doesnt get sent down I wont dismiss, so that wont be a problem.

Uncertain

Lifeisbutadream wrote: »

I have never done this before, it is only a small business.

That isn't really an excuse. Sooner or later it will bite you if you don't do things properly.

You can download various guides from the ACAS website.

As other have said, if he can't come to work he will be absent without leave.
Remember, you must still pay him for any untaken holiday.

Lifeisbutadream

Uncertain wrote: »

That isn't really an excuse. Sooner or later it will bite you if you don't do things properly.

You can download various guides from the ACAS website.

As other have said, if he can't come to work he will be absent without leave.
Remember, you must still pay him for any untaken holiday.

It wasnt meant to be an excuse, thats why I was asking on here. I am not going to spend money getting familiar with a process unless I need to use it.

I have an accountant who deals with wages, so they will sort out any final pay packages.

SarEl

Lifeisbutadream wrote: »

It wasnt meant to be an excuse, thats why I was asking on here. I am not going to spend money getting familiar with a process unless I need to use it. .

Excellent. This is absolutely the kind of employer I love to bits. They've so far paid for me to have a great income and now they've paid for me to retre early:):j

The time to make sure you have procedures and know how they work is before you need it, not after. You have already got to a stage of needing disciplinary processes and you haven't got one and don't know how they work!

denla

Lol sending him a letter asking for a sick note or him attending work... when he's locked up in prison.

I bet he'll be really angry when he walks free, returns home reading that letter.

UsernameAlreadyExists

"Lol" indeed.
It's bureaucracy and legislation all gone wrong.

It's wholly understandable that an employer no longers wants what is potentially a "convict" working for him ... but the hoops he needs to jump through are just silly.

Imagine if it was an ethnic, gay, female, muslim or something like that.