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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an employee who whilst out at the weekend got drunk,

Resolved Question:

we have an employee who whilst out at the weekend got drunk, punched a lamp post and broke his hand. He is now off sick for 6 weeks provisionally this act has had an impact on the work load as we cant replace him and the other members of staff are having to cover his work,. How can we dismiss this employee ??/
Submitted: 2 months ago.
Category: Employment Law
Customer: replied 2 months ago.
to add the employee has only been with us since 24th April 2017.
Expert:  JGM replied 2 months ago.

Thanks for your question. I am a U.K. Lawyer with 32 years experience. I have read your narrative. You can summarily dismiss for gross misconduct. The employee has no recourse to an employment tribunal as he doesn't have two years' service. There is no "disability" so discrimination law doesn't apply here if that is what you found as conflicting during your reading. From what you say on your narrative that is my opinion. If you have concerns from your own reading please let me know the specifics and I'll try to help you further. In the meantime please leave a positive rating sonthatvI am credited for my time.

Expert:  Ben Jones replied 2 months ago.

Hello I am an employment solicitor and whilst I agree that you can dismiss this employee without then being able to challenge the dismissal (due to them not having 2 years’ service) I would certainly not recommend that you dismiss them summarily for gross misconduct. Their actions do not amount to gross misconduct and if you dismissed them on that basis they could argue it was wrongful dismissal and pursue you for the notice period due to them. You have to bear in mind that being out, outside of work and getting drunk and subsequently injuring yourself does not amount to gross misconduct. So whilst you can safely proceed with dismissing them, I would strongly suggest you do so by giving them whatever notice period they are entitled to under contract.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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