Is this grounds for summary dismissal?

paulineb_2

Also speaking as someone who managed staff for a long time and was managed by staff in jobs as well, people talk about management, if you wanted to sack everyone who might speak about you negatively, its very possible that you would end up with no employees.

Your reputation being damaged is a serious matter, but if this person decided to take you to tribunal for unfair dismissal and lets face it, they are also of the age where they could put in a claim for age discrimination, you are going to be questioned on what procedures you followed when getting rid of them and if you have to stand in a tribunal and say, well I sacked someone on the basis of 4 other peoples say so, instantly, without making any efforts to find out if there was any truth in this or a conversation with the person alleged to have said the things, how do you think that might look?

zzzLazyDaisy

Just bear in mind that there is no such thing as 'instant' dismissal even for gross misconduct - you still need to go through a proper procedure. You should have a formal written disciplinary procedure, and it should be mentioned in the employee's written statement of particulars of employment (aka contract). If you haven't given these documents to your employees, you need to get it sorted, but in the meantime have a look at the ACAS website for information on how to conduct a disciplinary investigation and hearing.

93123

Southend1 wrote: »

Rather than sack him why don't you just laugh at him? He's obviously a bit of a sad individual.

I'd want to sack him. Why would you want to continue paying someone like that? He doesn't deserve the job, he deserves to get fired and a bad reference.

Valli

If he's 71 isn't it about time he retired?

Hardware23

Thank you to everyone who has posted a reply. This situation has only come to light in the last two days - I was unaware of any problem until a customer came in on Thursday to say that my employee seemed very stressed and had warned him to stop 'touching' me (which he hadn't been doing). A staff member who overheard this customer comment then told me what had been happening with her and subtle questioning of other employees revealed this has been going on for some time. If it was just tittle tattle within the shop I wouldn't be concerned. There are only five of us and we're all very friendly so resolving the problem diplomatically would not be a problem. However, as he is now spreading these malicious rumours among my customers the problem has taken on greater significance and his allegations, being of such a personal nature, also compromise my personal safety.

pops5588

The fundamental problem could be lack of proof. A lot of these situations are he said she said and in this scenario you do really need to go down the proper route of verbal warnings, written warnings and then dismissal.

Savvy_Sue

Have any of the others been with the company as long as him? If so, can you (maybe someone would say you shouldn't, but I'd treat it as part of the investigation) ascertain whether this fixation is 'typical' behaviour.

Is his behaviour otherwise as it has always been over the last 18 months?

I'm just wondering if he's actually unwell. I'm not sure if it makes the problem much easier to deal with.

Gingernutty

Savvy_Sue wrote: »

Have any of the others been with the company as long as him? If so, can you (maybe someone would say you shouldn't, but I'd treat it as part of the investigation) ascertain whether this fixation is 'typical' behaviour.

Is his behaviour otherwise as it has always been over the last 18 months?

I'm just wondering if he's actually unwell. I'm not sure if it makes the problem much easier to deal with.

Very occasionally, early signs of dementia can include bizarre, obsessive thoughts with irrational fixations.

What's he like face to face with you? Can you have a 'normal' conversation with him?

gibson123

That was my instant reaction, I would do the following:

Suspend with pay pending investigation.
Appoint another member of staff as investigator
Investigate the allegations
Act on the findings.

Good luck

jobbingmusician

I was about to suggest exactly what gibson has suggested. You might like to take legal advice on whether the suspension can be without pay (which is unusual) given the seriousness of the allegations.