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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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If an employee lies about another employee threatening to pour

Customer Question

If an employee lies about another employee threatening to pour hot tea on them and the CCTV footage shows that the employee is lying, can this be termed gross misconduct for which dismissal is correct?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long has the employee worked there for? Are you the employee in this scenario?
Customer: replied 2 years ago.

I am the employer and the employee has worked for me for 1yr and 8months

Expert:  Jenny replied 2 years ago.
Hi yes that is adequate grounds to dismiss someone for gross misconduct. In fact as the person has less than 2 years service there is no claim they can bring as they need to have 2 years service to claim unfair dismissal.
The only exception to this is if they could claim that they are being discriminated in some way on the grounds of sex, race, religion, pregnancy, age, disability or for raising a health and safety complaint. If you think they could argue that any of these things apply then do let me know.
You can either dismiss them with notice or hold a disciplinary hearing for gross misconduct and summarily dismiss them. You need to be sure that you pay them in lieu of any outstanding accrued holiday pay.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
So the grounds will be lying to frame another employee, is that correct?
Expert:  Jenny replied 2 years ago.
Yes that is adequate grounds to dismiss.
if you have any further questions please do ask. If I have answered your questions please do take the time to rate my answer. Thank you and all the best.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jenny,

i do not have contract of employment for them, its only a small team of 4, would that matter?

Expert:  Jenny replied 2 years ago.
Hi I'm sorry for the delay I have been offline. Whilst it is advisable to have employment contracts as it is a legal requirement to produce one it doesn't make a difference to the employees unfair dismissal rights so you can staill do as I have said above.
Theoretically they could claim 4 weeks pay for your failure to produce a contract but this is unlikely and would be the case whether you dismiss them or not.
I would suggest you get contracts produced for the future.