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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1774
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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WE HAVE JUST SACKED A MEMBER OF STAFF COCAINE INSIDE

Customer Question

WE HAVE JUST SACKED A MEMBER OF STAFF FOR TAKING COCAINE INSIDE THE WORK PREMISES. WHAT WOULD THEY BE ENTITLED TO.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified solicitor.
As long as it was clear that this conduct would amount to gross misconduct, such as in their contract or policy handbook, then they would not be entitled to notice or pay in lieu of notice.
You should put the dismissal in writing and reasons for this - and making reference to company policy
Expert:  Ben Jones replied 1 year ago.
Hello, you actually do not need a specific policy to treat this as gross misconduct because taking illegal drugs on the premises can amount to a serious and dismissible offence anyway. So the lack of a policy specifying that would not prevent you from treating it as a gross misconduct offence. You are able to dismiss this person with no notice period but if they have over 2 years service then you must ensure that you follow a fair disciplinary procedure to protect yourself. This would include investigating what happened, holding a formal disciplinary meeting to allow him to defend himself and then once you have made a decision to dismiss – allowing them to appeal. As long as a fair procedure was followed you can dismiss immediately and without paying them any notice period. You would however still have to pay them for any pay due until the date of dismissal and also pay them for any outstanding holidays which remained untaken at the time of dismissal.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please let me know if you have any further questions.
If you found my information provided helpful please could you rate my response positively so that the question can be closed.

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