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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee absent with out leave

Resolved Question:

I have an employee who has taken a holiday without permission after being told that they cannot have leave because of work commitments what recuse do I have
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have they worked there for?
Customer:

3years I run a pub

Customer:

still waiting for a reply to your question

Ben Jones :

Hi, sorry the system had not informed me that you replied, just seen your response now. Can I just check what you are hoping to achieve in this situation so I can direct my advice better?

Customer:

what disaplinary action is can I sack her or what

Ben Jones :

As the employee has worked there for more than 2 years she will have protection against unfair dismissal, which means to fairly dismiss her you have to show there was a fair reason for doing so and also follow a fair procedure.

Her actions would amount to misconduct and also unauthorised absence from work. If she was specifically told she cannot take the time off, but did so anyway and that affected the business, then it can amount to gross misconduct, which is a stackable offence. However, as mentioned you must go through a fair procedure before you can dismiss. You must investigate the situation and gather evidence that may help you, then you must hold a formal disciplinary hearing where you allow her to defend herself, after that you must make a decision based on all the facts and communicate the outcome to her, allowing her to appeal if necessary. Do not go into the disciplinary procedure with your mind made up that you will dismiss – be open, see what she has to say and then make a decision once the procedure has finished.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

what notice do I need to give for disciplinary meeting

Customer:

we will go into the meeting with an open mind, we don`t what to sack her but will we be justified in a final written warning if that is the decision after the meeting

Customer:

still waiting for a reply to two questions

Ben Jones :

the notice for a formal disciplinary needs to be a few days at least to enable the employee to prepare themselves. If you do not want to sack her then you can issue a final written warning if necessary - you do not have to go for a written first, before the final and if the offence is serious enough it can go to a final written. As in some circumstances such an offence can result in dismissal, it can be seen as serious enough to go to a final written warning if necessary.

Hope this clarifies matters for you?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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