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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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have i got another grounds to sack someone. 1,dec ,verbal

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have i got another grounds to sack someone.
1,dec ,verbal warning on work ethics
2,server written warning work ethics and caught lying.
lying again.
3,accused me of bulling, all calls and texts recorded no bulling found.
4,under mining other staff.
5,accusing me of telling him to break speed limit,
6,refusing to sign written warning
7,refusing to carry out jobs if other staff have easier jobs that day
8,carry out his delivery job badly, so we lose customers.
he is a union man and will be straight on to them.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has this person worked there for?

he has worked for me from 1/11/14 how ever according to you from my question i first ask he may be able to clam tue he work for the first company for 4 years and i took over the good will and some staff.

Ben Jones :

On the assumption that he has continuous service, which he likely does, you need to proceed with caution.

Misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.

In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:

  • Conducts a reasonable investigation;

  • Follows a fair disciplinary procedure;

  • Has reasonable grounds for believing the employee was guilty; and

  • Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.

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 dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning. If you have followed the above steps in issuing the written warning, then you can eventually proceed to considering a final written warning – I suggest that the final warning is issued before you consider dismissal.

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