Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has he worked there for and does his contract say that you can suspend him without pay?Ps: I am just going into a meeting now but will respond fully as soon as I get back, within the hour, thanks
He has worked for me since April last year, and has no contract of employment inlace with us of any description.
Thanks for your patience. So I presume you want to dismiss him in the circumstances?
I have offered him chance to resolve the issue but he does not want to he is spouting rubbish about taking advice so i am covering the bases. my angle is in general employment law what he has done is Gross Misconduct! But if I'm in the wrong then i need to change my stance asap
Did he return the money he took?
Not as of yet and still has made no mention of it! The float is held by the employee as a rotating fund, but he has still not explained why he did not initially come into work or even why he is not in this week
ok let me just get my response ready please
If you wanted to dismiss this person then you may do so without too many difficulties. That is because he has been continuously employed at his place of work for less than 2 years and his employment rights will be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that you can dismiss him for more or less any reason, and without following a fair procedure, as long as your decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. You would either have to allow him to work that notice period and pay him as normal, or pay him in lieu of notice.
Whilst his actions could amount to gross misconduct, if you wanted to cover all grounds and ensure he does not come back and try to challenge you for his notice pay you could pay him a week’s notice and that would then ensure he can’t claim for it later.
As to the suspension, unfortunately you could not have suspended him without pay, regardless of the reasons for it. You can only do so if you had a contractual right to do so and in the absence of a written contract it means you did not have that right. Therefore, you must pay him for the time on suspension because he can make a claim for unlawful deduction from wages if he wanted to.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks