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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
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We have a prospective employee who has signed an offer and

Resolved Question:

We have a prospective employee who has signed an offer and contract of employment.
We hasve just discovered that she was convicted of theft from her employment at a travel agents 6 years ago.
At interview she lied about why she left this job.
We operate in a travel based industry and she will, at times have to deal with cash.
Are we OK to terminate her employment on breach of trust grounds?
Submitted: 2 years ago.
Category: 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.

Ben Jones :

Does she have a notice period in the contract of employment in the event of termination?

Customer:

Yes. At this stage 1 week.

Customer:

She was due to start today, we have deferred her coming until tomorrow as we only found out about the theft this weekend.

Ben Jones :

Ok well generally if you were to terminate such a contract you would need to issue the employee with notice of termination as per their contract. However, there are circumstances when you can terminate the contract immediately and without giving that notice period. For example, examples of gross misconduct, or other serious breaches of contract. If you had specifically asked her about her past and she lied then that is a serious breach and you can withdraw the contract without giving the required week’s notice that she would usually be entitled to.

Customer:

OK. Thanks

Ben Jones :

you are welcome, all the best

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