mouthy employee

[dragonspark]

Hello to all
I was hoping there is someone here who could give advice regarding an employee issue i have.
We have an employee who told me a fortnight ago that he has a new job, no probs best of luck, however this job does not start untill after a vetting period of about eight weeks, six agonising weeks to go, i have no problem with the employee leaving in fact i think it is the best thing for all parties,
he has worked for us for four years.
Last week i was called to our main supplier who informed me that this employee had called into our suppliers premises and while in conversation with a young lady, informed them that we had no work on and no money, now this young lady turned out to be the daughter of the owner of this suppliers and then the muck hit the fan and i was requested to visit them, and then had to pay up our account right up to date, which i did and even showed them my bank balance to prove our employee wrong,
this then caused a cash flow problem and left us short untill our next batch of cheques arrive.
The employee who did this, does not really want to be in work, he is doing as little as possible and coming in smelling of alchohol, not every morning but quite often, he is clearly just biding his time till his new job starts while taking a good wage, since i found out what he did, i told him to take a few days off, for the good of his health, while i wish him well for the future i really do not feel secure with him in work having contact with our clients.
Is what he did illegal, or grounds for suspension or even instant dismissal, and pray what would other employers do in the same position, answers please not including homicide.
Many thanks in anticipation

 

[Newchodge]

What he did is gross misconducy and grounds for instant dismissal. Follow your proper procedures and dismiss him with reasons and without notice.

He, presumably, has not given notice yet, as his new job is not guaranteed. If he has given notice I would be inclined to tell him not to bother coming to work during his notice period to avoid the potential hassle of an unfair dismissal claim. But you need to bear in mind that he might not get the new job, in which case you would be stuck with him.

The grounds for dismissal would be bringing the employer into disrepuyte.

 

[bovine]

Has the employee actually handed in their notice? If yes, send them away on garden leave. You'll still have to pay them, but less stress in the long run.

I'm sure there is a disciplinary breach, but I doubt enough for dismissal. And due to length of service you need to follow proper protocol to avoid tribunal.

edited to add - I take back what I said about dismissal, Newchodge knows far far more than me on that!!

 

[parkingandsecurity]

I was going to say this has to be a disrepute issue and he should be put on garden leave immediately. Whilst he might be a problem now imagine how much of a problem he could cause if he did this to all of your suppliers over the next 6 weeks?!

 

[Jasondb]

I'll add my thoughts.

I think you should take disciplinary action for the damage he did concerning one of your vendors and issue a first conduct warning. Mention the alcohol as some thing he needs to improve.

I say this as he might not pass the vetting for his new job. In that case you would have a disgruntled employee you know that will jump ship at the first opportunity.

If he continues coming in smelling of alcohol, a second warning.

So regardless of what happens in eight weeks you would have grounds to sack him if bad behaviour continues. In the meantime I would seriously think about reducing his contact with customers or suppliers if this can be done.

 

[Nico Albrecht]

1. I would start with confirming in writing his verbal resignation to you asap.
2. I am sorry but showing up intoxicated and bad mouthing are 2 misconducts. Get him a final warning for one and fire him on the spot for the second one. I am surprised you are that kind to him.

 

[dragonspark]

many thanks for your replies, deeply appreciated.
yes i have been too kind to him, i thought i was helping him out when no one else would but hey ho.
What i did not include earlier is that our supplier, after being told i had no work or money, called me in to see them and insisted that i brought our 60 days account with them up to date, right up to the end of september, now this meant that i ended up being almost at my limit in the bank and i had no money to pay anyone their wages last friday, all the more hurtful as my other two employees are my sons who between them are fathers to five of my grandchildren, with another on the way, i had to pay the supplier up so that i could obtain materials to complete ongoing works, i have been unable to increase my overdraught limit so this week will be the same.
So this employee has really screwed me up

 

[obscure]

They lied about the company (defamation) and damaged it's reputation (and possibly it's bank account). That would seem like pretty clear grounds for immediate dismissal for gross misconduct.

Either, sack the for gross misconduct (don't have to pay notice) or put them on garden leave during their notice.

Whichever you choose I think the more important thing to do is haul them in for a disciplinary, hold an investigation and then make clear that if any more cases of defamation come to light you may take legal action against them. You don't want them wandering around bad mouthing you to all your clients/suppliers.

 

[fisicx]

So this employee has really screwed me up

So I assume he has now been sacked?

 

[Chris Ashdown]

I wear not

 

[Jeff Nev]

How did this situation play out? Did you place him on gardening leave?