Sacking a member of staff for Gross Misconduct

Opinion

Looking for some advice;

I need to terminate the employment of one of my staff for gross misconduct. The member of staff in question has worked for me for six months, roughly 16 hours per week, and we have no formal written contract in place.

I'm assuming I need to put the dismissal in writing- is there a template document that people use or can anyone offer some advice?

themull1

If you are an employer, you should know how to handle this scenario without having to ask!

Opinion

themull1 wrote: »

If you are an employer, you should know how to handle this scenario without having to ask!

I highly doubt that I'm the only small business owner on these boards that--without contacting my solicitor--doesn't know the legal ins and outs of absolutely everything that crops up.

Annisele

Is this your own business, or are you a manager in somebody else's business?

If it's yours, then it's probably worth running the whole thing by a solicitor - paying out now will probably be cheaper than waiting. If you're a manager, get your boss / HR to advise you.

Edit: Crossposted with the OP. On the few details, I'm reluctant to even attempt to comment (and I couldn't give you advice anyway). If the "gross misconduct" was something like getting pregnant, then you're about to get yourself into a world of trouble - and a template letter won't help you one bit.

duchy

Whilst it's incredible that an employer doesn't know any of this stuff I suggest ACAS would be a good place to start. They have a website.....you could google for it .

Opinion

Annisele wrote: »

Is this your own business, or are you a manager in somebody else's business?

If it's yours, then it's probably worth running the whole thing by a solicitor - paying out now will probably be cheaper than waiting. If you're a manager, get your boss / HR to advise you.

It is my business, yet.

I have template documents for Disciplinary and Dismissal Procedure which I will present to the employee this week during their formal disciplinary meeting, and the case is completely cut and shut (charged by police), I just don't have a template for the actual Dismissal for Gross Misconduct.

bryanb

Opinion wrote: »

It is my business, yet.

I have template documents for Disciplinary and Dismissal Procedure which I will present to the employee this week during their formal disciplinary meeting, and the case is completely cut and shut (charged by police), I just don't have a template for the actual Dismissal for Gross Misconduct.

Should you not wait till "Convicted"

Opinion

duchy wrote: »

Whilst it's incredible that an employer doesn't know any of this stuff I suggest ACAS would be a good place to start. They have a website.....you could google for it .

I'm glad that it is incredible. Have you ever met a mechanic that has had to look at a reference manual, or a solicitor that has had to research a specific piece of legislation? Exactly.

I haven't said that I don't know any of this stuff- I've never had to fire an employee before, and so I don't know the specific procedure for this. I am well aware of ACAS and various employment laws. Have you never stumbled in to something didn't expect you would ever have to do?

Opinion

bryanb wrote: »

Should you not wait till "Convicted"

They have been cautioned.

bryanb

Opinion wrote: »

They have been cautioned.

OK but you wrote "charged"

whitewing

Do you have a legal helpline as part of your employers' liability insurance?