Gross Misconduct?

[Elle B]

I run a pub and have an amazing small team of employees, bar one.

I have tried to be objective with issues, and I don't actually like her personally, but she does a good job.

However, she has been drinking while on shift behind the bar. When I found out about this via a customer, and then another staff member, I spoke to her about it, saying that drinking on shift was not acceptable. We have a way of working on the staff area wall, which all have read and signed, that states no drinking on shift. She has signed a contract that also states no drinking alcohol before or during a shift. Yet another staff member caught her pouring some alcohol from a glass into her mug the other day, obviously trying to hide the fact she was drinking from the others on duty.

I have spoken to her about this perhaps three times, not as part of a disciplinary procedure, but once in a one to one general 'how are things' meeting, and the other times when she has put pints to one side that were {supposedly} poured in error, that she said she would drink later. I poured those drinks down the sink,

It seems as if nothing is getting through, although she obviously knows she shouldn't be drinking on shift as she is hiding it from other staff now. I caught her on cctv last night pouring herself a pint that a customer had bought her, and popping into the still to drink it.

There are other incidences of insubordination I guess you could call it. Dogs are only permitted on the premises on a lead, but when her partner brings their dog in and lets it wander, she doesn't pick him up on it, and actually told me it was ok as he was friendly when I told her to get hold of the lead one day.

I have never had to sack anyone before, my staff are loyal, and unusually for hospitality, I have had zero staff leave me in over three years.

I have two questions.

1. Does the above constitute immediate dismissal on the grounds of gross misconduct?
2. In hospitality I have heard from others that it is usual for the person sacked to be told they are to stay away from the premises for three months. Is this true?

She has been working for me for 5 months.

 

[Newchodge]

I run a pub and have an amazing small team of employees, bar one.

I have tried to be objective with issues, and I don't actually like her personally, but she does a good job.

However, she has been drinking while on shift behind the bar. When I found out about this via a customer, and then another staff member, I spoke to her about it, saying that drinking on shift was not acceptable. We have a way of working on the staff area wall, which all have read and signed, that states no drinking on shift. She has signed a contract that also states no drinking alcohol before or during a shift. Yet another staff member caught her pouring some alcohol from a glass into her mug the other day, obviously trying to hide the fact she was drinking from the others on duty.

I have spoken to her about this perhaps three times, not as part of a disciplinary procedure, but once in a one to one general 'how are things' meeting, and the other times when she has put pints to one side that were {supposedly} poured in error, that she said she would drink later. I poured those drinks down the sink,

It seems as if nothing is getting through, although she obviously knows she shouldn't be drinking on shift as she is hiding it from other staff now. I caught her on cctv last night pouring herself a pint that a customer had bought her, and popping into the still to drink it.

There are other incidences of insubordination I guess you could call it. Dogs are only permitted on the premises on a lead, but when her partner brings their dog in and lets it wander, she doesn't pick him up on it, and actually told me it was ok as he was friendly when I told her to get hold of the lead one day.

I have never had to sack anyone before, my staff are loyal, and unusually for hospitality, I have had zero staff leave me in over three years.

I have two questions.

1. Does the above constitute immediate dismissal on the grounds of gross misconduct?
2. In hospitality I have heard from others that it is usual for the person sacked to be told they are to stay away from the premises for three months. Is this true?

She has been working for me for 5 months.

No, it does not constitite grounds for immediate dismissal because you have let her get away with it 3 times, you haven't even put her on a warning. You cannot go from nothing to summary dismissal if you know about the issue.

However, as she has only been there for 5 months you CAN dismiss her because you are not happy with her attitude, her drinking and her flouting of the rules. You can only do this becasue she cannot claim unfair dismissal with under 2 years' service. Give her a week's pay in lieu of notice and all outstanding holiday pay and tell her not to work her notice.

Whether you choose to ban her from the premises for 3 months is entirely up to you. Some employers do, some don't. You need to do what works for your business.

 

[Elle B]

No, it does not constitite grounds for immediate dismissal because you have let her get away with it 3 times, you haven't even put her on a warning. You cannot go from nothing to summary dismissal if you know about the issue.

However, as she has only been there for 5 months you CAN dismiss her because you are not happy with her attitude, her drinking and her flouting of the rules. You can only do this becasue she cannot claim unfair dismissal with under 2 years' service. Give her a week's pay in lieu of notice and all outstanding holiday pay and tell her not to work her notice.

Whether you choose to ban her from the premises for 3 months is entirely up to you. Some employers do, some don't. You need to do what works for your business.

While I haven't given her official warnings, I have spoken to her each time this has come to my notice, telling her she is not permitted to drink on shift, so I haven't let her get away with it.

However, it may be easier to do as you suggest and give her a weeks pay in lieu of notice for her attitude towards our rules.

Thank you for the advice.

 

[Newchodge]

While I haven't given her official warnings, I have spoken to her each time this has come to my notice, telling her she is not permitted to drink on shift, so I haven't let her get away with it.

It doesn't matter. You possibly could have dismissed her for gross misconduct the first time you became aware of it. But the law requires that employees should be aware of how serious their miscondict is viewed. Not even starting a disciplinary procedure would be seen by the courts as you letting the employee believe it is not serious.

A few years ago I represented an employee who, over a period of 2 years had bullied his female manager, reducing her to tears on a regular basis. Her manager called him in regularly to tell him his behaviour was unacceptable, but he continued. They sacked him without any prior disciplinary warning. Despite him sreaming at me that I did not know what I was doing, I refused to take his case to tribunal. He took it himself and lost. He then took it to the Court of Appeal who said that, while his behaviour warranted dismissal, the fact the employer had never disciplined him about it, despite knowing all about it, meant the dismissal was unfair.

 

[fisicx]

You may have spoken to her but it should have been a documented warning. Because you didn’t there is no proof that the conversation took place.

Get everything in writing!

 

[GSinghD]

I run a pub and have an amazing small team of employees, bar one.

I have tried to be objective with issues, and I don't actually like her personally, but she does a good job.

However, she has been drinking while on shift behind the bar. When I found out about this via a customer, and then another staff member, I spoke to her about it, saying that drinking on shift was not acceptable. We have a way of working on the staff area wall, which all have read and signed, that states no drinking on shift. She has signed a contract that also states no drinking alcohol before or during a shift. Yet another staff member caught her pouring some alcohol from a glass into her mug the other day, obviously trying to hide the fact she was drinking from the others on duty.

I have spoken to her about this perhaps three times, not as part of a disciplinary procedure, but once in a one to one general 'how are things' meeting, and the other times when she has put pints to one side that were {supposedly} poured in error, that she said she would drink later. I poured those drinks down the sink,

It seems as if nothing is getting through, although she obviously knows she shouldn't be drinking on shift as she is hiding it from other staff now. I caught her on cctv last night pouring herself a pint that a customer had bought her, and popping into the still to drink it.

There are other incidences of insubordination I guess you could call it. Dogs are only permitted on the premises on a lead, but when her partner brings their dog in and lets it wander, she doesn't pick him up on it, and actually told me it was ok as he was friendly when I told her to get hold of the lead one day.

I have never had to sack anyone before, my staff are loyal, and unusually for hospitality, I have had zero staff leave me in over three years.

I have two questions.

1. Does the above constitute immediate dismissal on the grounds of gross misconduct?
2. In hospitality I have heard from others that it is usual for the person sacked to be told they are to stay away from the premises for three months. Is this true?

She has been working for me for 5 months.

Hi so in short answer yes it’s gross misconduct. However there is nothing like instant dismissal. You have still follow a process. However just because employee has been with u 5 months process can be shortened. I am Cipd qualified and help small businesses with HR. Happy to give you some initial free advice.

 

[WaveJumper]

Do your homework

What dismissal is - Dismissals - Acas

Fair and unfair dismissal, dismissals with and without notice, and constructive dismissal.

www.acas.org.uk