Claiming personal leave for job interview

[Cairnsmore608]

We have an employee that worked for us less than five weeks, had an accident at work, reported (later proven to be unfounded) allegations against us to hse. He wasn't a good employee, would have been dismissed prior to his accident if we hadn't been desperate at the time. After seeking advice, he is back at work as we would like to avoid legal action under whistle blowing legislation.

He did not turn up for work the first two days he was due as he had a job interview that he denies. He only contacted us when he learned that he was unsuccessful with that job, says that he did not receive our communication after his unauthorised absence.

He returned to work on Monday, required personnel leave today while at work for what, I suspect, and can prove if I am correct, another job interview although we were given another unbelievable reason.

If we can prove he lied for a job interview, where do we stand? We would be delighted if he found another job, but, as he has applied for many other jobs, feel his success could be doubtful....

 

[Employment Law Clinic]

If you can prove he's been deceptive, lied about his absences (assuming these are unauthorised absences, not approved leave, for which he's free to do as he cares) as you appear to suggest you can, you have immediate grounds to dismiss - summarily.

You can never rule out a whistle-blowing claim entirely, but with with strong evidence to support your position, you should be able to influence the case at ACAS Early conciliation - before it ever got to a tribunal claim.


Karl Limpert

 

[LawHound]

Time to also get your policies on absence checked out, they need to be crystal clear for you to dismiss summarily in a case like this. It pays on potential whistle blowing cases to be able to demonstrate your HR is in order.

 

[Cairnsmore608]

Absence policy in place, contract of employment In Place, hse in place. After a mere one week back at work, we have now had another half day absence for sickness and he hadn't done the job he said he had and was asked to do.

I pointed this out to him today and sent him back to do it. He is also a habitual liar and lied to me twice today. I feel at my ropes end and need to get rid of this untruthful employee as soon as possible.....

What is the worst an employment tribunal would do if it came to it?

In the line of work we are in, we simply cannot have a dishonest employee.

This is nothing about the claim to hse, as that ultimately has aided our insurance regarding his insurance claim. His claims were unproven, the accident was deemed to be his fault.

He is actively looking for other jobs, the most recent one contacted us as he listed us as his current employer. We stated basic information as instructed by our lawyer, but they then asked specific questions. If a direct question is asked, should you lie? In a small community, we cannot
, and I don't believe we should anyway.

 

[Newchodge]

I would follow Karl's advice above and dismiss him. You need to be able to demonstrate a proper process has been followed, in case he does try an employment tribunal, so you need to invite him to a meeting in line with your disciplinary process, confront him with the evidence of his lies, ask for his explanation and then decide whether his behaviour amounts to misconduct that justifies dismissal or gross misconduct which justifies dismissal without notice.

Give him the right to appeal the decision.

Just re-read the thread.. He had the accident after 5 weeks with you. has he been with you less than 2 years now?

 

[Cairnsmore608]

He has now been employed just over seven months. We have him on light duties while we requested a doctor's report regarding his fitness to return to his previous job.

When we went to collect the doctors report it wasn't a report at all, it was a fit note dated 13th March saying he was unfit to return to work until the end of April. The employee never made us aware of this fit note so we were charged 84 pounds for a fit line he should have already given us!

 

[Employment Law Clinic]

He has now been employed just over seven months. We have him on light duties while we requested a doctor's report regarding his fitness to return to his previous job.


When we went to collect the doctors report it wasn't a report at all, it was a fit note dated 13th March saying he was unfit to return to work until the end of April. The employee never made us aware of this fit note so we were charged 84 pounds for a fit line he should have already given us!

Did you commission/order a report from the GP, having received the agreement of the employee fro this? A GP is legally obliged to issue a Fit Note to a patient after being unfit for work for seven days, and they can’t charge the patient for that.

Why is he even on light duties now?


Never mind, you suggested that he is continuing to lie to you:

… he hadn't done the job he said he had and was asked to do.


I pointed this out to him today and sent him back to do it. He is also a habitual liar and lied to me twice today.


In the line of work we are in, we simply cannot have a dishonest employee.

You can dismiss, take the chance, but particularly if you don’t think he’d get another job you do leave open a risk of an employment tribunal claim – without a job, he can bring a claim with a waiver for the fees (an easy way to abuse the system).


As I said previously, you can’t entirely rule out a tribunal claim, but you need to both be clear of the reasons for dismissal, and if necessary, to be able to convince a tribunal that this was indeed the only, or at least principal, reason in your mind for the dismissal. Lying/a lack of trust is definitely sufficient grounds for this.


If it all goes wrong, a tribunal could make a big award against you, but that can’t be quantified without knowing what this person earns, as his losses would be awarded against you. You can dismiss now, but given he’s already contacted the HSE, not only practical, but sensible to tick the boxes, create the paper trail to support your actions.


Not trying to tout for work, but you really need to take this off the forums, get professional advice in managing a disciplinary, and getting him dismissed, and if necessary, negotiating with ACAS at Early Conciliation. There is a real risk of a tribunal claim against you, but you should be able to defend this, like with the HSE avoid any awards, if you just manage this carefully.


At least seek an initial comprehensive consultation/assessment of your case, which should be free – I would assess your case for nothing, and I believe @Newchodge still offers a service in this area too.


Karl Limpert

 

[Cairnsmore608]

We have consulted an employment solicitor prior to this but was just looking for any way possible to get out of this situation!

When we went to get the doctor's report, with the agreement of our employee, we were incorrectly given his fit line showing he was unfit for work! We immediately sent him home.

He claimed he had no knowledge of this fit line. We, enquired with the surgery why we got this the next day, were told we should not have got it, returned it and received the doctor's report that said, in my opinion, nothing.

He was signed off until the end of this month.

He also enquired what his duties on return to work would be. Unfortunately, after the HSE investigation, he is no longer allowed to drive certain machines that are a requirement in his previous role. We informed him of this told him he did still have a job, but it could not be in his previous role due to his lack of qualifications (his contract allows for change of duties). He has since resigned... Am I now going to get a constructive dismissal claim?