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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50202
Experience:  Qualified Solicitor
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We own a bistro and we employ a Manager to run the business.

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We own a bistro and we employ a Manager to run the business. On Sunday evenings the business closes at 18.00 and the Manager planned to have a staff celebration yesterday to reward them for their efforts over Christmas. He bought drinks (rather than simply using our stock) and most of the staff had left by 21.30. At 23.15 our Assistant Manageress went home leaving the Manager and 1 male staff member.
At approx 23.30 the Manager called 999 as the member of staff had been sick in the toilets and was in a bad way - unsure if conscious, but the paramedics arrived at approx. 23.40 and took the him to hospital.
We only found out about the incident this morning when the police called us wanting to view the CCTV footage. It was evident from the footage that the individual was very dunk and the footage shows him going into the toilets and only emerging when brought out by the paramedics. He remains in hospital but is ok.
Obviously this incident is deeply distressing for us but to add to this we understand that our Manager was extremely aggressive to the paramedics when they arrived who called the police. He showed the same lack of respect to them and was subsequently arrested. He remains in custody but has not been charged - and it appears that he will not be charged.
The police are taking thsi extremely seriously - quite rightly - consequence of this is that the police are recommending that the Manager loses his DPS. This puts us in a difficult situation as he needs this as part of his job.
Obviously his behaviour in terms of allowing this individual (who i believe has Aspergers disease) to drink to excess is completely unacceptable and the way in which he has dealt with the situation has radically inflamed the whole situation - resulting in police involvement, etc.
We would like to know where we stand legally with regards ***** ***** employment rights as concerned if he is the right person to continue with this role. He does have a contract and has been employed by us for 13 months.
With thanks
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you simply wish to dismiss him?
Customer: replied 2 years ago.
That is something which we are considering as such a serious breach of his responsibilities - apparently this member of staff suffered a cardiac arrest (he suffers from Aspergers) so this could have been catastrophic.
Regardless of the circumstances, as he has been continuously employed at his place of work for less than 2 years then 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.). There is no evidence that any of these exceptions here apply so you do not have to worry about the dismissal being unfair in any way. 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 could try and argue that what he did is gross misconduct and you are likely to succeed but he could still try and challenge that and even though he may not be successful it is the nuisance of having to deal with it. So to ensure he cannot claim anything further you can pay him his notice period and any due holidays and dismiss him – then he cannot claim unfair dismissal and he cannot claim that he was not paid his notice period so that would be the end of this. 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 2 years ago.
Many thanksKaren
You are welcome, all the best