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

SarEl

zzzLazyDaisy wrote: »

Just for the sake of transparency - OP originally said that the employee might be sent to prison for three months. But in real terms he can be expect to be released after serving half the sentence - hence my reference to the likelihood of him being absent from work for 6 weeks.

Okay, I really am out now!

Dx

Fair enough and I agree with you - I was thinking we were looking at 9 months minimum absence, so I did the same thing! But I'm out in a minute too after one last post - for obvious reasons consdiering my previous posts....

SarEl

Lifeisbutadream wrote: »

He has used all his holiday and it is our busiest time of year.

I cant say much more about the actual case, but there is a lot more to it than I have been able to put on here. If he gets sent down I dont want him to come back to work. Our customers will know, because of who we are and what we do and it will do our business a lot of harm

OK - now I am out. I warned you about getting what you were really saying clear. Obviously what you said originally was, at the least misleading. You have just said that you have decided the outcome already. That is unlawful. Whether you get away with it or not, any dismissal will now be unfair in fact.

Lifeisbutadream

Uncertain wrote: »

Sorry but you are completely missing (or choosing to ignore) the points that are being made.

One last attempt!

This chap was convicted of a crime. You may have been justified in dismissing him as a result but you didn't. You have now lost that opportunity.

He was sentenced to community service as an alternative to prison.

He has (apparently) failed to fulfil the community service so, as a result, may now be sent to prison. That is not a new crime, it is still part of the old one!

If it is a short sentence he is unlikely to have frustrated his contract (as the EAT has ruled in a similar case). If you dismiss him and he takes you to a tribunal the dismissal MAY be ruled unfair.

If you want to try and dismiss this chap then I strongly suggest you see a solicitor and go about it properly. It may well be cheaper in the end.

Im not missing anything, I completely understand I was just saying why I wanted to dismiss him.

CFC

tygr wrote: »

Stephen Fry has been in prison.

So, anyone who has a problem with ex-offenders, make sure you don't watch QI or any documentaries or awards shows he presents.

Absolutely - he's rubbish! :rotfl:

SarEl

Lifeisbutadream wrote: »

Im not missing anything, I completely understand I was just saying why I wanted to dismiss him.

And therein you missed everything!

Lifeisbutadream

SarEl wrote: »

And therein you missed everything!

??? now you have lost me?

How have I missed anything? I asked for advice and I got it, for which I am grateful.

Uncertain

Lifeisbutadream wrote: »

??? now you have lost me?

How have I missed anything? I asked for advice and I got it, for which I am grateful.

Oh dear.....

By saying "why I wanted to dismiss him" !!

You have prejudged the situation making any disciplinary meeting a sham. That would make any dismissal automatically unfair.

getmore4less

I did not remember the apprentice issue so thought I would have a look for it.

OP is quite a prolific poste, stuck with threads statred.

http://forums.moneysavingexpert.com/search.php?searchid=137307347

I think a few of these expalin why this trhead went the way it did.

Employment related.

because van insurance was high
I didnt really think of it like that - I knew there was a reason why we shouldnt have taken on someone so youg.. mighthave to have a rethink when we get to renewing at his contract

Also looks like the OP does not like paying for legal advice on their customer contracts
https://forums.moneysavingexpert.com/discussion/3739379=

or debt recovery
https://forums.moneysavingexpert.com/discussion/3532527=

or protecting the company brand(I remember this one)
https://forums.moneysavingexpert.com/discussion/3296084=

there are others never found the one I was looking for.

Domfrizby

SarEl wrote: »

Fair enough and I agree with you - I was thinking we were looking at 9 months minimum absence, so I did the same thing! But I'm out in a minute too after one last post - for obvious reasons consdiering my previous posts....

Is it possible for you to be traced who you are from posting on here?

Sambucus_Nigra

getmore4less wrote: »

I did not remember the apprentice issue so thought I would have a look for it.


...never found the one I was looking for.

I think it got deleted.