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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6464
Experience:  15 years experience of advising on employment law matters
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An employee who has been with us since 8.9.14 and works in

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An employee who has been with us since 8.9.14 and works in the warehouse at our Heathrow branch we have discovered that he is taking home work documents for his wife to translate as he has advised that his reading (in English) is limited. He speaks sufficient English to carry out his role but it has recently come to light that he is struggling to complete company documents when requested due to his limited reading (in English). The documents aren't really anything confidential but its not acceptable for him to take them all home with him. As he has been with us for nearly two years and this is possibly the first time this has been a problem, I just wanted some advice on how we should act on this one.
Hello my name is ***** ***** I am happy to help you today. What outcome are you hoping to achieve here? Are you asking if he can be dismissed?
Customer: replied 2 years ago.

Hi Jenny, at this stage I don't think so but if we are unable to resolve it this could be a possibility but I am aware we would need to do this before

Sept. this year but should we be encouraging him to take up some language lessons although I suppose we can't force this.

Hi you do need to tread carefully to be sure you are not deemed to discriminate. You can certainly tell him now that he is not allowed to take documents home with him and ask him if he thinks he needs some language lessons to assist him with his job. You can tell him that taking confidential documents home is considered to amount to gross misconduct and that if he does this again he will lose his job. I would also document this so that it is clear you have discussed the issue with him. Hopefully he will not do this again but if he does I think you could then let him go without fear of a discrimination claim as you have been clear that this is not allowed for any employee and that it could result in dismissal. Please do let me know if you have any further questions. If I have answered your question please do take the time to rate my answer as I am not otherwise credited for my time. Thank you and all the best.
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Hello Emma is there anything further you would like to now as I can see you have not yet rated my answer?