Gross Misconduct - theft

[Caspar]

This is about an employee who took time off sick which later transpired via a phone call from his wife, that actually the employee was having some sort of a mental breakdown and doesn't know what do with him. This employee started working in August 2019.

Whilst on sick leave, the employee turned up on a busy working day extremely drunk and acting very odd asking to stay in the office (not coming in for work reasons) it also caused a stir with our customers seeing him in this state. In the end after phoning his wife, she turned up with her son and took him home and later phoned us to say she found a wallet belonging to a member of staff that he had stolen whilst there. Which was later returned.

We want to summarily dismiss this employee, but can't consider holding a disciplinary meeting with him (which would be the normal procedure), as he seems to be having some sort of mental issues and drinking alcohol every day according to his wife who is now afraid of him.

As we have definitive proof and witnesses that they came into the workplace drunk and that we have definitive proof that he stole from a member of staff. If we pay one week in lieu of notice and state in a letter that we have investigated this and looked into what has gone on (and write a report in his file as a record of the days events that transpired). As he came in drunk and stole etc, he has been summarily dismissed for gross misconduct but have a right to appeal.

Can we proceed on this basis, as we don't want him back on the premises even for a meeting as the staff are now afraid of what might happen. Would there be any come back with working for us for less than 2 years regarding unfair dismissal, and provided we pay 1 weeks notice pay to be sure of treating him right, with a right to appeal etc?

 

[Paul Norman]

This is a tricky one, because gross misconduct, as defined by your employee contracts and handbook, allows instant dismissal.

However, there is a mental health issue here. That still doesn't mean you cannot, or ought not, to dismiss them.

I would get HR advice (I am sure it will be forthcoming here soon), but that advice should be about the process rather than the issue of whether or not you go forward with dismissal.

 

[MikeJ]

Less than two years means you can just get rid of him, without stating a reason. You need to pay his notice and any outstanding holiday pay.

What's questionable is whether that's the right thing to do, morally.

 

[Financial-Modeller]

Losing his job could be the catalyst that he (and his wife) need to get help.

Retaining him is not really an option as you will prolong the inevitable dismissal, but expend extra time and effort managing him and those around him.

 

[Frank the Insurance guy]

Its is usually difficult to dismiss staff when there are mental health issues at hand.

I know a case where something similar happened, but due to HR and compliance the employee could not be dismissed - however after a certain period they were put on government statutory sick pay only.

Do you have insurance? Most Office or small business insurance policies including a free legal and HR Helpline. Its worth calling them for advice to follow.

What you do not need is an employment tribunal situation further down the line, so make sure its done properly.

 

[Caspar]

I also know that he has been going round customers houses causing problems too. Its the mental health issue that puts us in a rock and a hard place. We can't let him back, but we can't just dismiss. There must be a way to do this. We are certainly going to report the theft to the police so that we have a case record number etc. But until we know what we can do, will have to keep in on SSP accruing holiday pay, but the staff are worried about him entering the premises again. Thanks for all the replies.

 

[ethical PR]

I also know that he has been going round customers houses causing problems too. Its the mental health issue that puts us in a rock and a hard place. We can't let him back, but we can't just dismiss. There must be a way to do this. We are certainly going to report the theft to the police so that we have a case record number etc. But until we know what we can do, will have to keep in on SSP accruing holiday pay, but the staff are worried about him entering the premises again. Thanks for all the replies.

I would suggest you get some paid for advice from an HR professional and proceed in line with the terms you have in your staff contracts/handbooks for dealing with disciplinary issues

@Newchodge is one such HR expert that might be able to help.

 

[Talay]

Sometimes, you have to do what you need to do, irrespective of what is morally, corporately or even legally correct.

You cannot have this hanging over you and if it were me, I'd get rid and deal with any potential comeback afterwards rather than have it hanging on for month after month.