Quick help needed re disciplinary for one of my staff today

[smallcreep]

Any help gratefully received-very delicate disciplinary case--I believe it constitutes gross misconduct but am I right? helllllp!!

FloweryBeanbag is good at this stuff. It's been a long time since I've used employment law, there's alot of info on the ACAS web site though.

What have they done?

ACAS

"- gross misconduct: are acts which are so serious as to justify possible dismissal, such as theft or fraud; physical violence or bullying; deliberately accessing internet sites containing pornographic, offensive or obscene material; serious insubordination; serious incapability at work brought on by alcohol or illegal drugs; a serious breach of health and safety rules; or a serious breach of confidence" (lifted from the ACAS web site)

No one is going to be able to say whether it is without knowing what they've done.

I'm Smallcreep's DSis - namechanged to protect her ID but am ancient MNetter - Is that you UCM, Moldies etc -

DSis runs restaurant. Basic details are that 39 yo male member of staff has been texting and leaving facebook msgs for 15 year old female member of staff. Msgs are obscene, police have been involved and male is on bail. DSis understandably wants to get rid and is going through disciplinary process, and really wants confirmation that this behaviour is enough for sacking due to gross misconduct.

I'd say yes, however, please do check with ACAS, as it say's above, the act needs to be serious enough to justify possible dismissal and include offensive or obscene material. It is dodgy ground though to be honest as he's not actually been found guilty of this, I do advise you contact ACAS.

Thanks all sorry , have been looking at acas site My lovely Dsis has explained it all really. The messages are obscene and ask the youngster to destroy them so her parents will not find out. He has also sent inapproprite messages to a 16 year old memeber of staff. Other young relatives of 15 year old also work here, so if he stays I lose not only her ,but other staff. My feeling is his behaviour is gross misconduct, and I have a duty of care to other minors who work here.

You do, it sounds like you are a caring boss. I'm surprised he has the nerve to return back to work to be honest. Have the police not sorted out a restraining order type thing, preventing him from being a certain distance away from the girl?

It is sexual harrassment of other staff members. Have you got copies of the FB pages, or seen the texts?

Do you have a written discipliniary procedure?

I would call a meeting with him, say that you have reason to believe that he has been doing this. If he admits it, say that you intend to dismiss him for gross misconduct, and that he will get a letter confirming this - with any details that there may be for any appeal if there is that provision.

Ah, be careful with the meeting, under the Employment Act he has to be given adequate notice and be offered the opportunity to have a representative with him.

Thanks-This all came to light a week ago . He led me to believe he was going to resign. I informed him that the other way to go was disciplinary meeting. Today he decided this is the way he wants to go. He is coming to meeting after being requested to, with a work colleague , at 4.15 pm today-this has given us both time to prepare. Police have siezed his computer and phone but I do know content of messages and they are pretty gross, also warning not to let her parents find out. Yes, there is a restraining order so he could not be at work any time the young girl is.

how long has he worked for the company?

over a year unfortunately!

here, this will help you

I'm really sorry I can't give you free advice as you are a business unfortunately, and would obviously be a target client for me.

This does sound very serious, but do be very careful about ticking all the boxes with regard to using a very robust procedure in terms of any communications with this person and meetings. Hope ACAS are of help to you.

Thanks all so much! Will let you know outcome of meeting-must go and prepare some notes. My Sister and I both just spoke to ACAS and they were helpful-thanks also for the link Fluffy

What a horrible situation for you all, especially the girls

ok! Have stopped shaking!All went ok, he had very little to say in his defence and after I adjourned the meeting, told him of my decision to terminate contract, he accepted it straight away. Thanks for your help -I am a long,long time lurker who only posts occasionally but always get great help here when I need it!

Well done, time for a brandy!