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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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We have been notified that a member of staff has been convicted

Resolved Question:

We have been notified that a member of staff has been convicted of an offence and has not informed us. 2 year suspended sentence and 10 years on the sex offenders register. Do we have legal grounds to dismiss them for gross misconduct? Our company handbook only states:

Summary Dismissal/Gross Misconduct
In the case of gross misconduct, such as unprovoked physical violence, theft, improper personal behaviour, malicious damage to property or other similar offences, employees will be summarily dismissed without notice and without issuing warnings as detailed above.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience I wll try to help you with this.

LondonlawyerJ :

Do you know what offence he has been convicted of? When was he convicted? I take it the offence was not at work. What doe she do for a living? Does your gross misconduct provision relate to conduct at work or is it more widely drafted?

Customer:

Hi,

Customer:

It was for making images, level 5, boys and girls aged 1-16, majority 5-14. Court appearance would have been May and there house was raided IN august 2013. This was in there own time, not at work. Our company handbook states:


Summary Dismissal/Gross Misconduct



In the case of gross misconduct, such as unprovoked physical violence, theft, improper personal behaviour, malicious damage to property or other similar offences, employees will be summarily dismissed without notice and without issuing warnings as detailed above.

Customer:

9 month prison sentence (suspended for 2 years), 2 years supervision, attend an internet sex offenders programme and 10 years on sex offenders register

LondonlawyerJ :

Committing a criminal offence outside work will not necessarily entitle you to dismiss him. You will need to think carefully about the contract. Is there a clause stating that committing a criminal offence amounts to gross misconduct. The terms above look like they relate to conduct at work. This offence might well amount to "improper personal behaviour". You need to be careful thought because if this offence doesn't affect his ability to do his job it might be risky to treat it as gross misconduct in the way you describe. A better approach might be to see if his conviction makes it impossible for him to do his work. Does he use the internet for work? Is there any contact with children?

Customer:

Thanks, ***** ***** I thought. There is no contact with children at work, but, he will have to use the internet and has internet access.

LondonlawyerJ :

You will need to proceed with caution but that may be the way to proceed.

Customer:

Thanks. My German MD was in our office a few weeks ago and did see this person on an anti-American website. He has since stated that this is not the type of person we should be employing. Could I use this?

Customer:

Could you comment ASAP on my last post? Thanks

LondonlawyerJ :

I doubt if visiting a news/comment/propaganda website would constitute gross misconduct although I expect there is a condition somewhere requiring use of internet only for work purposes but I also expect everybody breaches this.

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