Can I dismiss for gross misconduct? HELP!!

[Chris4444]

I own a hair salon and have had a problem employee since we took the business over just over a year ago. We have had meetings about her attitude in the past and even had to suspend her for a week unpaid for her attitude last year. It has now just become apparent that she is bad mouhting myself and the Salon in the salon during work. We are not a big outfit and so this kind of press is not acceptable. I am wanting to dismiss her for gross misconduct, would this be acceptable?

Any help would really be appreciated.

 

[PI Guy]

tread carefully. get legal advice from an employment law & HR specialist

 

[Lime One]

You need advice as this is a situation which can land you in hot water in a tribunal very quickly. You can obtain specialist TUPE advice from our employment lawyers at http://www.limehr.com and also initial free advice.

 

[davidakerr]

I would strongly recommend you seek the help of the Federation of Small Businesses.

You can apply for membership to the FSB and then avail yourself of their excellent Employment Legal Team. All advice is free to members. Do not let your head rule your heart. Employment law is extremely complex and if you make the wrong decision it could end up costing you thousands in Tibunal costs. The FSB will guide you through the complexity of the law at no cost.

 

[Eagle]

Bizarre, isn't it, how the employee can have the employer tied up in knots. Hope you get to sack her easily and without any comeback.

 

[Turbopixie]

I'm not a legal bod, but one of the first things I'd do is check her contract. I believe employees in a company that is sold on have continuity of their employment conditions, so you'd need to see what terms she's employed under. Then I'd get a kick-ass employment law specialist to take a look at it!

 

[Chris4444]

Thank you everyone for your advise I shall certainly take the advise and organise a discussion with an expert.

 

[yorkshirejames]

I own a hair salon and have had a problem employee since we took the business over just over a year ago. We have had meetings about her attitude in the past and even had to suspend her for a week unpaid for her attitude last year.

Chris,

You cannot suspend unpaid for any reason whatsoever - this is a black mark against you.

Bear in mind that even if you do dismiss (whether GM, or with notice) that this worker will go straight to a lawyer and you will receive tribunal papers on your doormat for a five figure sum.

How long is her employment in total?

 

[Chris4444]

We purchased the business in August 2006 and she was already employed. It was my understanding that you can suspend an employee without pay provided you follow the procedure laid out by ACAS as we did, i.e hold a meeting to discuss the grievence etc, etc.... Is this not the case?

 

[PI Guy]

A quote from ACAS.

This should be with pay unless the contract of employment provides for suspension without pay in such circumstances. A suspension without pay, or any long suspension with pay, should be exceptional as these in themselves may amount to disciplinary penalties.

 

[davidakerr]

You may also wish to check if your employee has any written terms and conditions of employment, as under TUPE regulations, previous employment terms still apply under new ownership. It could be the case, although highly unlikely, that suspension due to a grievance, without pay, may be included within the terms and conditions.

 

[estwig]

Talk to ACAS and Business Link for good free advice.

 

[creospace]

Hi,

I can recommend that you visit this specialist HR and Employment legal advice forum as I know that a HR consultant will answer your post.

Hope that's of some use.

Gary

 

[blackandwhite1986]

Chris,

Have you got records of the meetings you held with the employee? This may present some historical evidence of the matter in hand if the situation progresses

 

[sjbeale]

If you want some advice from an HR consultant give me a call you need to know what you are doing otherwise you will end up with a tribunal situation. My number is 07762 771290.

 

[Chris4444]

Yes i have thanks for the advise. I have managed to speak to an expert on the subject; through this forum site i might add (many thanks Anthony). From his advise I am going to go through the simple 3 step disciplinary procedure to show conformance so there can be no come back. She will be sacked for Missconduct not Gross and with the evidence I have there shoulfd be no come back from a tribuneral.

This forum really is the best, Many Thanks for everyone's advise and input.

Chris.

 

[officeangel]

If you need more advice do go and look at the Lime One website, Lime One posted earlier in this thread. Or talk to the team. I cannot recommend Lime One highly enough, brilliant team of lawyers, great people.

 

[estwig]

Yes i have thanks for the advise. I have managed to speak to an expert on the subject; through this forum site i might add (many thanks Anthony). From his advise I am going to go through the simple 3 step disciplinary procedure to show conformance so there can be no come back. She will be sacked for Missconduct not Gross and with the evidence I have there shoulfd be no come back from a tribuneral.

This forum really is the best, Many Thanks for everyone's advise and input.

Chris.

Good for you mate, it is good to hear of employers taking control of the situation and successfully getting rid of problem employees.