Would this be a wrongful or unfair dismissal?

Fiona_CW

SeagullFTB wrote: »

- Several time sheets where either the start or finish time were incorrect through 'human error' as he claimed.

I make mistakes in my timesheets quite often! Supervisors usually point out my error and I amend them.

lincroft1710

There are some employees who for various reasons you feel are not the right fit. I would ask the OP if this is how they feel/felt about their employee

Masomnia

Fiona_CW wrote: »

I make mistakes in my timesheets quite often! Supervisors usually point out my error and I amend them.

Quite, GM is usually for deliberate acts that cause a breakdown in the relationship. In your case obviously your employer has no reason to doubt that you've filled in your timesheets in good faith.

I agree with whomever it was who said OP had handled this quite well. I deal with a lot of small businesses who wouldn't have done so.

Wrongful dismissal is a contractual claim, and if they've gone through a process of investigating, holding a hearing before coming to a final decision then it's pretty likely that they've met contractual conditions where they apply (usually they don't), although we can't know that. I'd always be wary about dismissing with no notice just off the hoof with no investigation etc.

The worst case scenario 99% of the time in cases like this is that the employee wins their notice pay, so personally the effort I would go to depends on the notice. If it's one week it's often easiest just to give notice as by the time you've done an investigation, had a hearing etc you may as well have just let them go with notice. If a month it's worth dotting the i's and crossing the t's to dismiss without notice imho so you don't end up defending a claim however tenuous.

Man_From_Bath

Has anyone actually thought about finding out why a previously good employee is suddenly on a downward spiral.

Personally I would had a meaningful 121 with him and get to the Root Cause. If this isn't acceptable then so long as you haven't already punished his time keeping and there is no one else he can bring down with him for the same malpractice then offer him the opportunity informally to resign.

Cheers and good luck.

girllikeme1

Hi, I'm an HR consultant who supports small businesses with this type of advice.

1. Do we have grounds for dismissal?
The key to it all is whether you conducted a fair investigation.
2. Is it true that he can't claim unfair dismissal as he hasn't been employed for 2 years? Yes but if you dismiss him without notice he could still claim wrongful dismissal. He could still claim discrimination under the Equality Act (protected characteristics are not always visible / obvious). It is worth following the same procedures you would with an employee with a longer service duration, as best practice.
3. Can he claim wrongful dismissal? The employment contract states that our disciplinary process usually involves a first warning and final warning before dismissal? He can claim it if you dismiss him without notice, yes.
4. Do we have grounds for gross misconduct? Possibly, if you conducted a fair investigation and his actions are justifiably gross misconduct.

BrassicWoman

girllikeme1 wrote: »

Hi, I'm an HR consultant who supports small businesses with this type of advice.

As with all posters, we only have your word for it.

Obligatory reminder to take advice from paid professionals if you think you'll need to rely on it in court, OP...

Stephenmac

Well I would hate to work for this business. Your organisation comes across as clueless and as an employee you would stand no chance in there.

SeagullFTB

First dismissal in the companies 40 year history. Doesnt exactly say employees stand no chance, does it?

Takeaway_Addict

SeagullFTB wrote: »

First dismissal in the companies 40 year history. Doesnt exactly say employees stand no chance, does it?

You disgust me Seagull! How dare you sack someone...ever!!!!!:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

robatwork

SeagullFTB wrote: »

First dismissal in the companies 40 year history. Doesnt exactly say employees stand no chance, does it?

Sadly you may find this is a bit like that first visit to the gents in the pub.