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Author Employment Law - Grounds For Dismissal?
mattant
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Registered: 19th Jun 10
Location: South Yorkshire
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14th Nov 12 at 16:20   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Matt L
seen as in this day and age you can get sacked for bad mouthing your company/boss on faceache then im sure assult would be acceptable reasons.


Yep someone from where I work got sacked for this, but it fell under workplace bullying. If he hit someone outside of work that has nothing to do with work then I don't know how you could.

If he was on the job when it happened or wearing a work uniform, or the old guy made a complaint directly to your work then maybe

[Edited on 14-11-2012 by mattant]
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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14th Nov 12 at 16:33   View Garage View User's Profile U2U Member Reply With Quote

I would have thought you could only get sacked from work by something youve done outside work if it directly impacted on your ability to do the job.

EG if you were a truck driver and you lost your license etc
RichR
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Registered: 17th Oct 01
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14th Nov 12 at 16:43   View Garage View User's Profile U2U Member Reply With Quote

or it directly impacted on the image of the company - i.e. bringing a business into disrepute. The local corner shop used by all the locals isn't going to keep an employee if they get arrested for kiddy fiddling for example. They'd lose their custom
M2RTY
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Registered: 25th May 01
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14th Nov 12 at 21:38   View User's Profile U2U Member Reply With Quote

someone who worked at our county council was also a bouncer and was in court for GBH, council asked him to hand his notice in due to the court case but could not sack him, had a right fucking bad time over it, dragged his name through the mud he went to court, was found not guilty, council never once appologised
Lee_fr200
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Registered: 8th May 11
Location: West Yorkshire
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14th Nov 12 at 22:51   View User's Profile U2U Member Reply With Quote

out of work hours and not much can be done apart from a verbal or written warning that you expect better than this. how do you know this happened? is it a rumour or have you got any concrete proof!
Carl
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Registered: 9th May 04
Location: Jimmy Bennett's la la land.
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16th Nov 12 at 07:47   View User's Profile U2U Member Reply With Quote

Find something else to sack him for or make his job hell until he leaves?
Rob_Quads
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Registered: 29th Mar 01
Location: southampton
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16th Nov 12 at 08:20   View User's Profile U2U Member Reply With Quote

Was he wearing any work clothing?

If he was in his standard clothing I think you have very very little chance of getting rid of him. Unless he is a very well known figure you would find it very hard to prove that he was harming the reputation of the company.

I don't think it would even be grounds for a written warning as it has nothing to do with the company.

Be very careful because if you sack him and its not lawful its now so much easier for them to come back at you and it will cost you a chunk of money.
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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16th Nov 12 at 08:52   View Garage View User's Profile U2U Member Reply With Quote

Yep guy at work got sacked appealed and won. Now he's back and pretty much untouchable
AndyKent
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16th Nov 12 at 08:57   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Matt L
seen as in this day and age you can get sacked for bad mouthing your company/boss on faceache then im sure assult would be acceptable reasons.


Pretty sure its the complete opposite.

With tribunal courts, policies and legislation I'm convinced its almost impossible to get rid of someone unless they've majorly fucked up.
Steve
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16th Nov 12 at 09:09   View Garage View User's Profile U2U Member Reply With Quote

That certainly seems to be the case here
Gary
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Registered: 22nd Nov 06
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16th Nov 12 at 10:10   View Garage View User's Profile U2U Member Reply With Quote

Make his life hell then. Employees have too many rights!!
3CorsaMeal
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Registered: 11th Apr 02
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16th Nov 12 at 10:20   View User's Profile U2U Member Reply With Quote

he might be handy come the apocalypse
jacko198
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Registered: 1st Mar 07
Location: Buckinghamshire
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17th Nov 12 at 11:46   View User's Profile U2U Member Reply With Quote

Phone ACAS. They will be able to tell you
taylorboosh
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Registered: 3rd Apr 07
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17th Nov 12 at 20:52   View User's Profile U2U Member Reply With Quote

Stop being a cunt and wait till you know if he's 100% did anything or the circumstances before you leave him jobless..

old man could've tried to lure his daughter away or something
Ian
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Registered: 28th Aug 99
Location: Liverpool
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17th Nov 12 at 21:09   View Garage View User's Profile U2U Member Reply With Quote

Is not reason to sack on its own.

You need to establish whether any resulting conviction hinders this guy's ability to do the job or his relationship with colleagues and customers.

Can be done but its nowhere near as simple as just sacking on the spot.
fazza
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Registered: 7th Feb 08
Location: Plymouth
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17th Nov 12 at 22:17   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by taylorboosh
Stop being a cunt and wait till you know if he's 100% did anything or the circumstances before you leave him jobless..

old man could've tried to lure his daughter away or something


You defo sound like John d
taylorboosh
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Registered: 3rd Apr 07
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17th Nov 12 at 22:49   View User's Profile U2U Member Reply With Quote

We are best mates so id imagine us to be similar crack?
Doug
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Registered: 8th Oct 03
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17th Nov 12 at 22:56   View User's Profile U2U Member Reply With Quote

Because you are asking on here I am going to assume that your company does not have an HR department?

My suggestion would be to seek some legal advice from what ever legal resources your company has. Employment law is a bugger and you can easily land yourself in a tribual that could prove to be costly!

The few quid it costs to speak to a solicitor about this now could pay dividends later!

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