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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48172
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We are an online company and take customer orders over the

Customer Question

We are an online company and take customer orders over the phone, I have had an employee today add a product to a customer’s order without charging the customer for it and without any type of authorization in fact he deliberately changed the invoice to hide it. How do i stand?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long has that employee worked there for and what are you hoping to achieve in this situation?
Customer: replied 2 years ago.

Hello Ben,

He has worked for me for approx 6 months, i dont feel i have any option but to dismiss Ian as it give me a huge lack of trust. The fact he changed the invoice in such a way to hide the transaction is my biggest concern.

Alan

Expert:  Ben Jones replied 2 years ago.
Does he have a contract and if so is there a notice period for termination in it?
Customer: replied 2 years ago.
No contract
Expert:  Ben Jones replied 2 years ago.
If he has been continuously employed at his place of work for less than 2 years then 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.). Obviously none of these would apply here as the reason would be his conduct. 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. However, his actions could amount to gross misconduct and you could consider dismissing him without any notice. To do this I suggest you take him through a formal disciplinary first and give him the chance to defend himself. If you do not want to do this you could avoid it by simply paying him a week’s notice and any dye holidays – then he would not be able to challenge you for not being given notice. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.
Thank you for your help Ben,
Alan
Expert:  Ben Jones replied 2 years ago.

You are welcome, all the best