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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47403
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have suspended an employee this week without pay as

Resolved Question:

Hi

I have suspended an employee this week without pay as he spent a float supplied by the company for fuel and had no funds for getting to work. He then failed to attend work but informed no one of this, he was offered a meeting on monday this week but never responded. He has not attended work today and informed no one even though the verbal suspension period was over. He has made no attempt to question the suspension and has made no attempt to speak with management to resolve the issue. He still remains elusive for a meeting. He stated that because his wages were not in the bank on the first (Saturday) he had to use the float for bills. As all employees are made aware that if the 1st falls on a weekend then pay may not hit there account until the monday.

What do i do? Sack him

Thanks

XXXXX XXXXX
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has he worked there for and does his contract say that you can suspend him without pay?

Ps: I am just going into a meeting now but will respond fully as soon as I get back, within the hour, thanks

Customer:

Hi Ben

Customer:

He has worked for me since April last year, and has no contract of employment inlace with us of any description.

Ben Jones :

Thanks for your patience. So I presume you want to dismiss him in the circumstances?

Customer:

I have offered him chance to resolve the issue but he does not want to he is spouting rubbish about taking advice so i am covering the bases. my angle is in general employment law what he has done is Gross Misconduct! But if I'm in the wrong then i need to change my stance asap

Ben Jones :

Did he return the money he took?

Customer:

Not as of yet and still has made no mention of it! The float is held by the employee as a rotating fund, but he has still not explained why he did not initially come into work or even why he is not in this week

Ben Jones :

ok let me just get my response ready please

Customer:

Thanks Ben

Ben Jones :

If you wanted to dismiss this person then you may do so without too many difficulties. That is because he has been continuously employed at his place of work for less than 2 years and his employment rights will be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that you can dismiss him for more or less any reason, and without following a fair procedure, as long as your decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).


 


If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. You would either have to allow him to work that notice period and pay him as normal, or pay him in lieu of notice.


 


Whilst his actions could amount to gross misconduct, if you wanted to cover all grounds and ensure he does not come back and try to challenge you for his notice pay you could pay him a week’s notice and that would then ensure he can’t claim for it later.


 


As to the suspension, unfortunately you could not have suspended him without pay, regardless of the reasons for it. You can only do so if you had a contractual right to do so and in the absence of a written contract it means you did not have that right. Therefore, you must pay him for the time on suspension because he can make a claim for unlawful deduction from wages if he wanted to.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones and other Employment Law Specialists are ready to help you