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May 2008: Latest Homes

Employee Misconduct

Q: I have been invited to a meeting to discuss my recent conduct at work, including in particular, using the internet during working hours.  What should I be aware of?

A: If your employer intends to dismiss you for misconduct, or impose any sanction other than suspension on full pay or the issue of a warning, you should be aware that the employer must follow a minimum 3 stage procedure. 

As a basic guide, you should be sent a letter inviting you to a meeting to discuss the misconduct and informing you that the possible outcome of the meeting could be disciplinary sanction.  After the meeting the employer should inform you of the sanction, if any, they will impose for your misconduct and inform you of your right to appeal the decision.  Please also be aware of any other procedures the employer has in place, as they should also be acting in accordance with these procedures, including an internet policy.  You should also be aware that you are entitled to be accompanied at these meeting by a fellow employee or trade union member.

Q: What if I dispute the alleged conduct?

A: The employer should only take disciplinary action if it has a genuine and reasonable belief that you have committed such conduct.  The employer should investigate the matter fully if you deny the conduct.  The employer may choose to suspend you on full pay whilst this process is underway.

Q: If I have committed an offence outside of work, can the employer dismiss me for this?

A: The employer may be able to dismiss you if, for instance, the offence makes you unsuitable for your job.  For example, if you deal with money on a day to day basis and you have been convicted of theft, this may entitle an employer to dismiss you.

Q: My employer’s disciplinary procedure states that certain acts of misconduct are treated as gross misconduct.  What does this mean?

A: In certain limited circumstances, the employer is entitled to dismiss you without notice (or pay in lieu of notice if this is part of your contract of employment).  However, the employer should still follow the modified procedure as opposed to the 3 step procedure described above, which includes sending you written notice of your dismissal and your right to appeal that decision.

Whether an employer has a right to dismiss you without allowing you a second chance depends on the nature of your job and the misconduct committed.  Sometimes, the employer may be able to dismiss you without giving you an opportunity to prove yourself, although in many cases an employer should give you a warning before taking a decision to dismiss.

Q: In the past I have committed other acts of misconduct.  Can the employer take this into account in a decision to dismiss me?

A: In deciding what disciplinary action to take, your employer should not take into account any warnings that have expired.  However, a recent case decided that even expired warnings can be taken into account in determining whether the employer should have exercised leniency in a later case of misconduct. 

 

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2009

For more information contact:

Sam Dickinson - sd@deanwilson.co.uk

 

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