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Gross misconduct

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Gross misconduct

  1. 1. How can I sacksomeone for GrossMisconduct(Bad Behaviour)
  2. 2. FOUR STAGES OF THE DISCIPLINARYPROCESSSuspendInvestigateDisciplinary meetingAppeal meeting
  3. 3. Depending on size of company try tomake sure a different person dealswith each stagePerson dealing with appeal shouldbe more senior than person hearingdisciplinary hearing
  4. 4. STEP ONESuspension
  5. 5. HOW TO SUSPENDLegal test:Reasonable beliefOn reasonable groundsReassure employee it is not adisciplinary sanction
  6. 6. SUSPENSION (2)But will be required not to come toworkSuspension should be on full payEnsure you do this is in a fair non-discriminatory wayHave it in writing
  7. 7. STEP TWOInvestigate
  8. 8. HOW TO INVESTIGATEWhilst employee on suspension do as muchinvestigation as you canTalk to witnesses – written statementsInvite employee back for investigatory hearingSend letter asking to come back in stating that isis not a disciplinary meeting with formal action –but anything said will be used at the formalhearing should the need arise
  9. 9. Do you want to take the matter further?STEP THREEFormal Disciplinary meeting
  10. 10. CONTENTS OF INVITATION(1)The allegation(2)Evidence gathered againstemployee(3)Their right to be accompanied bya work place colleague or tradeunion rep(4) Dismissal is an option(5) Reassure them that no decisionhas yet been made(6) Time and place (needs to bereasonable)
  11. 11. CONDUCTING THE MEETINGCheck employee received all the informationCheck they understand purpose of themeetingEnsure they are happy if alone/know theyhave right to a companionKeep an open mind during the hearingAllow employee to respond to allegationsDO NOT indicate a decision has been made
  12. 12. STEP FOURCommunicate the Decision
  13. 13. COMMUNICATING THE DECISIONGive reason for decisionTell them the last date of employmentIf notice – tell them lengthGross misconduct doesn’t give entitlement tonoticeAre entitled to outstanding holidayInform employee they have right toappeal within a set time frame & state whothat should be to
  14. 14. If you receive an appeal followingthis process, please see:“My employee has appealed, whatdo I do?”
  15. 15. QuestionsContact

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  • Brownstonelaw

    Sep. 12, 2013


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