Buy Verified TransferWise Accounts From Seosmmearth
Gross misconduct
1. How can I sack
someone for Gross
Misconduct
(Bad Behaviour)
2. FOUR STAGES OF THE DISCIPLINARY
PROCESS
Suspend
Investigate
Disciplinary meeting
Appeal meeting
3. Depending on size of company try to
make sure a different person deals
with each stage
Person dealing with appeal should
be more senior than person hearing
disciplinary hearing
5. HOW TO SUSPEND
Legal test:
Reasonable belief
On reasonable grounds
Reassure employee it is not a
disciplinary sanction
6. SUSPENSION (2)
But will be required not to come to
work
Suspension should be on full pay
Ensure you do this is in a fair non-
discriminatory way
Have it in writing
8. HOW TO INVESTIGATE
Whilst employee on suspension do as much
investigation as you can
Talk to witnesses – written statements
Invite employee back for investigatory hearing
Send letter asking to come back in stating that is
is not a disciplinary meeting with formal action –
but anything said will be used at the formal
hearing should the need arise
9. Do you want to take the matter further?
STEP THREE
Formal Disciplinary meeting
10. CONTENTS OF INVITATION
(1)The allegation
(2)Evidence gathered against
employee
(3)Their right to be accompanied by
a work place colleague or trade
union rep
(4) Dismissal is an option
(5) Reassure them that no decision
has yet been made
(6) Time and place (needs to be
reasonable)
11. CONDUCTING THE MEETING
Check employee received all the information
Check they understand purpose of the
meeting
Ensure they are happy if alone/know they
have right to a companion
Keep an open mind during the hearing
Allow employee to respond to allegations
DO NOT indicate a decision has been made
13. COMMUNICATING THE DECISION
Give reason for decision
Tell them the last date of employment
If notice – tell them length
Gross misconduct doesn’t give entitlement to
notice
Are entitled to outstanding holiday
Inform employee they have right to
appeal within a set time frame & state who
that should be to
14. If you receive an appeal following
this process, please see:
“My employee has appealed, what
do I do?”
In the former case, it stated that the equal pay claim must have been in existance at the time of the transfer. The transferee has no obligation to put you on better benefits than you were enjoying before. There is a time llmit of 6 months from the date of transfer I would still advise you to be careful in the long run In the second case, preserving an employees TUPE rights, 2 years on, was a valid defence to an equal pay claim
