You're fired? any advice?

PoochyChoo

thank you all for your replies, i am so thankful honestly, its so hard when you are faced with things like this and have no one to talk to openly like we can on here !

i am going to spend tonight looking through the links and gathering my evidence. will update. thanks again !

ajaxgeezer

Savvy_Sue wrote: »

HOWEVER, I would not sack anyone for gross misconduct without taking legal advice first. And even if the advice is that yes, it is gross misconduct, given that your written warning has given him until October to pass his test, you may not be able to backtrack and sack him before then FOR THIS OFFENCE.

..... oh no, absolutely not. It would have had to come immediately (or very soon after) after finding the error and certainly not before a compromise was reached.

Debt_Free_Chick

NekoZombie wrote: »

Yes, I'd say that you need to go through the process of 1st (verbal) and 2nd (in writing) formal warnings before you can consider dismissal. You've already done the verbal and the written, so you have to wait and see what happens before you can dismiss him.

A word of caution ... I'm not sure that what's already happened will count as part of the disciplinary procedure. The firm should have procedures and should follow them. If they have procedures and have completed steps 1 & 2 as you describe, then that's OK.

But I don't think this would work if there are currently no procedures. It would be like putting procedures in now but backdating them. I can't see an Employment Tribunal looking too favourably on this course of action.

You might be right, in which case I'm wrong (and have known to be!!) but I think some advice from ACAS is needed on this point.

Regards

davetrousers

Reduce his wages by a couple of k. If driving is key then he is not as useful to you as he would be if he had his full licence.

Savvy_Sue

Take proper legal advice before doing that! I can see an argument brewing - "we said you needed a licence" "but you've known for months I haven't got one" "we wanted to give you a chance" "but you haven't let me drive for months without reducing my wages" and so on

WhiteLily_2

Hi

You need to tread extremley carefully with this situation. I do have HR experience - especially with diciplinaries!!

Firstly when you advertised the role did you stipulate a driving licence was required?
Did the Job Description state there was a requirement to drive and a full, clean driving licence was required?
Was a job offer letter issued?
Does the employee have a contract along with his terms and conditions?
Does your company have a Disciplinary and Grievance procedure?

I once attended an Industrial Tribunal. The employee was 'dismissed' by the company for some situation - the Tribunal found in the favour of the employee (who was blatantly taking the proverbial) as the company did not have any procedures in place - their reasoning being how did the employee know what was expected of them or how they would be treated if their performance/conduct was not up to requirements.

Please seek professional guidance before withholding money or dismissing this person.

Good luck!

Savvy_Sue

I don't think the idea of introducing a disciplinary and grievance procedure need to be too scary, btw, if you don't yet have one. There is a model one on the ACAS site, I believe. Certainly when the law changed a year or two back we were sent various posters about what needed to be in one.

barrymung

Record any conversations that you have with him in relation to this matter.

If you have a tape where he says he has a licence or whatever, any subsequent "unfair dismissal" trial will be thrown out.

Without evidence that certain things were said by him, he could land you in hot water..