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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My employee was on his motorbike outside of working hours.

Resolved Question:

My employee was on his motorbike outside of working hours. He apparently was pulling the bike up on the back wheel, skidding and almost ran a car off the road. The driver took a picture of him and put it on Facebook for all to see. They also described what he had done and reported it to the Police. You cannot see my employees face on the picture, all I look at is the company work coat with my companies name all over the back. Comments on the post put my company in a bad light because of his actions. Can I dismiss/reprimand him for bringing my company into disrepute ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How long has he worked there?
Customer: replied 1 year ago.
28 months full time PAYE
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Is this person’s disciplinary record clean?
Customer: replied 1 year ago.
Yes it is. I have now been contacted by six of my clients and the Police over this matter. I believe that he has brought my company into dispepute thus being a case of serious misconduct on his part. I have suspended him yesterday pending investigation.
Expert:  Ben Jones replied 1 year ago.
Bringing the company into disrepute is taken to mean a situation whereby conduct by an employee outside of the workplace becomes associated with that employer and negatively affects them. The conduct here can certainly be serious enough to bring the company into disrepute because it has been noticed by clients, comments have been made publically affecting your reputation and even the police have been involved. Whilst this is a first offence, it may still result in disciplinary action and even dismissal. The important thing here is that the employee has more than 2 years’ service and as such they are protected against unfair dismissal. This means that to dismiss them fairly you must ensure there was a fair reason for dismissal and also follow a fair procedure. This is your basic legal position. I have more detailed advice for you in terms of the specific steps you must follow to ensure there was a fair procedure, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.
Thank you. Misconduct is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time. In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:· Conducts a reasonable investigation;· Follows a fair disciplinary procedure; and· Shows they had reasonable grounds to believe the employee was guilty. In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows: 1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be. 2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. 3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning. In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.

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