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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49792
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A gentleman was issued a final warning on the 13th Nov 2016

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A gentleman was issued a final warning on the 13th Nov 2016 following a complaint form a customer after he was found smoking in a non designated smoking area on the customer site. We again have received a complaint from another customer a couple of weeks ago regarding the gentlemans conduct on the customers premises (foul language..arrives to site early when he knows security are not permitted to authorise early access... unprofessional manner shouting across a site cell....repeatedly leaving site early before the tasks have been completed) the customer has tried to address this but our employee is a law to himself. We can't afford to lose this large contract and the employees conduct is not acceptable. If he had not been on a final written warning we may consider corrective action but due to the final warning and the nature of this complaint we feel we have no alternative but to terminate his employment following a meeting to be held this week. I just wanted to make sure is wasn't putting the company at risk by these actions. If we terminate him I assume we will have to pay him notice in lieu.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have they worked there for?
Customer: replied 1 year ago.

7 years

Are there no alternative positions he could take up, which do not involve this client?
Customer: replied 1 year ago.

As he is an envoy for our branch most if not all of his tasks would involve working with customers unless there is an internal warehouse role, which at the moment isn't an option due to us making a position redundant in the warehouse in Dec 15.

If he is on a final warning already and considering he has been found guilty of further acts of misconduct then you are able to dismiss, subject to following a fair procedure. 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. In this case, relying on the final warning already in place you may consider dismissal. You should pay them in lieu of notice (if the contract allows that) plus for any accrued holidays. 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
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Customer: replied 1 year ago.

After investigation last week. I was inclined to put corrective action in place as I felt it wasn't just the fault of this one individual on this occasion. At the end of my meeting I specifically asked the individual to carry on his duties on site He asked me if he should apologise to anyone for his conduct. I advised him that at this point I don't feel it was necessary or appropriate but come this time next week if I was to ask him to do so, do I take it you would be comfortable in doing it. To which he replied yes if I have upset anyone I would like to apologise. I again said to him that it wasn't necessary at this point. Sadly I was called on Friday afternoon to be told the individual was on customer site and was asking anyone who passed him along the way if they had complained about him as he was now on a disciplinary ?? I feel i only have one option when i meet with him this week and that is sadly to dismiss him but would welcome your opinion ...

Customer: replied 1 year ago.

Following the meeting last week the gentleman was spoken to and offered to apologised for his actions on site. I asked him to refrain from doing so until the investigation had been concluded. On Friday afternoon he attended site as planned however took it upon himself to ask everyone on the customers site if they had put a complaint in against him as he was now on a disciplinary (until that point he wasn't). Once again the customer had reported this back to us as they were annoyed by his actions once again. I feel I have no alternative but dismiss the individual for failing to carry out instructions from management as once again we the account has been put at risk due to his conduct. I assume following all of the above my actions are not disproportionate ?

I suggest you ask the client if they want him removed from this account and if they actually request that then assuming you cannot move him anywhere only then to proceed with dismissal
Customer: replied 1 year ago.

P11d time. We have Sales Staff with company vehicles. They are provided with a company fuel card for business mileage. The cars are fitted with trackers and we have monthly reports detailing business and private mileage amounts done. Employees repay the company for the cost of any private mileage incurred each month does this amount have to be noted on the employees P11D ? if so what section would this go under ?

Hi, this is a tax question please post in out Tax section on the site, thank you