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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47904
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a member of staff that repeatedly comes out with impoliticly

Customer Question

I have a member of staff that repeatedly comes out with impoliticly correct comments about other members of staff and quests to the restaurant and bar although he has not been pulled on it so far.
In the last 2 weeks he has muttered under his breath at a wedding guest something of a sexual nature to which I have a witness but was not clear on what he said, he has been derogatory towards a member of staff calling her a f*****g Bitch behind her back and yesterday when we let him go early he turned round to my wife and business partner and said “I can go early thanks I could Rape you”
I was about to put him on a management review as I don’t think he is carrying out his duty correctly but where do I stand on this bearing in mind he has been with us 2 years and under the previous owners which we toupee 18 years
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Have you give him any warnings?

JACUSTOMER-putadeu1- :

No nothing, he is 61 and up until recently every body has just let it slip as he,s a grumpy old man but recently its getting out of hand

Ben Jones :

Thank you. I am just traveling at the moment and cannot view your entire response. If you can give me until about mid morning I will be able to concentrate fully. I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

JACUSTOMER-putadeu1- :

thank you

Ben Jones :

Thanks for your patience. His behavior is unacceptable and would justify you taking disciplinary action against him. The fact that he has rather long continuous service should not matter and would not give him any preferential treatment and the main concern in relation to that is how you deal with this in terms of the outcome.

The main right that he has is that he would be protected against unfair dismissal so before you consider going down the dismissal route you need to ensure that you have a fair reason to dismiss and that you have followed a fair procedure. So whilst I would not recommend that you go ahead and dismiss straight away, it certainly does not mean that you cannot discipline him for the way he has acted so far.

I suggest you take him through formal disciplinary procedure, where you investigate the allegations against him first, offer him the chance to defend these and after all that, decide if you have sufficient evidence to discipline. Issue him with a written warning and tell him that he must improve his attitude and that failure to do so and further incidents of a similar nature can result ion further disciplinary action and even dismissal.

If he does not improve then eventually you can consider dismissal but do give him the opportunity to improve firs by issuing this warning

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you