HR advice please

27yearoldmale

I know someone who worked for a big corporate.

Kept a conviction quiet. Company was subsequently taken over and background and credit checks conducted by new owner on all exiting employees.

Fired shortly after.

Acc72

Undervalued wrote: »

It would be perfectly reasonable for them to treat this as gross misconduct whether or not it is spelt out in his contract.

In this specific example the employee has less than 2 years service - should the employer wish to dismiss then they would probably go down the "it isn't working out" route.

JemmaM91

Thanks again for replies. A little detail. He works for a major supermarket but not around customers.

The incident was against me. Basically during an argument he pushed me and I fell onto a bed. No marks or anything. I rung the police as I just thought it would scare him into not being violent again and didn't expect all this.

He should have pleaded not guilty realistically as there was no marks so no evidence but he just won't lie to anyone.

I also tried to drop charges but was told by police they can't drop domestic incidents.

JemmaM91

Also he's been off unpaid for 2 weeks whilst awaiting this meeting. Would this be because they are likely to terminate his employment?

Undervalued

JemmaM91 wrote: »

Also he's been off unpaid for 2 weeks whilst awaiting this meeting. Would this be because they are likely to terminate his employment?

Even if they do dismiss him they must pay him up to that point plus any accrued holiday.

If they deem it to be gross misconduct then they do not have to give him any notice. Otherwise they must either let him work his contractual notice or pay him his full salary in lieu.

If they fail to do so he could make a claim for WRONGFUL dismissal (not unfair dismissal) regardless of his length of service.