Sacking a member of staff for Gross Misconduct

Savvy_Sue

ohreally wrote: »

The employee has conceded to the accusation put to him, is it necessary to compound his situation by sacking him as well or are you looking for a reason to terminate his employment.

If he's good at his job isn't he worth another chance.

I'm not saying that NO employer would overlook this, but did you miss:

Opinion wrote: »

The member of staff was caught in possession of a Class A drug. They were subsequently arrested, confessed, and were given a caution. I have spoken to the police and they have confirmed this.

<snip>

Did the offence take place when they were on company premises and/or company time?

Yes and yes.

If the employee had been bailed awaiting a trial, keeping them on might be the act of a generous and understanding employer.

Aquamania

polgara wrote: »

Just to add - when the police issue a caution its a formal warning given by the police to an adult who has admitted that they are guilty of an offence - its an alternative to going to court etc. ...

Vectis wrote: »

Accepting a caution from the police means you are guilty, and you have accepted that you are guilty. Surely this is well known?

Obviously I mis-interpreted what the OP meant.

I thought the OP meant the employee was cautioned (i.e. given their rights) when they were arrested, not as the OP later explained, that the employee received a police caution for the offence.

It sounds highly irregular to me that once the decision was made, and the employee was actually charged with the offence, that the employee was then let off with a caution for the offence.

Once charged, an accused usually ends up in court ... unless the CPS decide to drop all charges (e.g. for lack of evidence) and then why would the accused accept a police caution?

I thought a caution was issued (where appropriate, and agreed by the accused) before and in lieu of formal charges.

Lomast

Aquamania wrote: »

Once charged, an accused usually ends up in court ... unless the CPS decide to drop all charges (e.g. for lack of evidence) and then why would the accused accept a police caution?

I thought a caution was issued (where appropriate, and agreed by the accused) before and in lieu of formal charges.

The principle of a Police Caution is basically to save court time for fairly minor offenses where the accused admits the offense, it is still recorded on the accused's criminal record

Aquamania

Lomast wrote: »

The principle of a Police Caution is basically to save court time for fairly minor offenses where the accused admits the offense, it is still recorded on the accused's criminal record

So the police don't bother issuing formal charges ...

https://www.gov.uk/charged-crime

ohreally

Savvy_Sue wrote: »

I'm not saying that NO employer would overlook this, but did you miss:.

No not missed. I'm actually sitting in Alicante marina atm watching the world go past so perhaps my perspective is simply a bit more relaxed: :beer:

dippy3103

Police cautions are :-

aims of the simple caution are:
 to offer a proportionate response to low level offending where the offender has admitted the offence;
 To deliver swift, simple and effective justice that carries a deterrent effect;
 To record an individual’s criminal conduct for possible reference in future criminal proceedings or in criminal record or other similar checks;
 To reduce the likelihood of re-offending;
 To increase the amount of time officers spend dealing with more serious crime and reduce the amount of time police officers spend completing paperwork and attending court, whilst simultaneously reducing the burden on the courts.

Whilst I don't know because I wasn't there, but I'd imagine it get a caution for possession of a class A drug they must have been a first time offender and a small amount.

Latest guidance for police re the use of simple cautions

http://www.justice.gov.uk/downloads/oocd/adult-simple-caution-guidance-oocd.pdf

I am under no illusions. If I was found to be in possession of controlled drugs on my employers premises would I still have a job? Absolutely not.

AbbieCadabra

AnthonysMum wrote: »

I would recommend Peninsula Business Services, I use them for HR advice and they are very good.

good to hear a positive comment about them but anyone thinking of using Peninsula, please check out the reviews readily available online as there are some horror stories regarding their ineptitude.