Grounds for gross misconduct/instant dismissal?
Discussion
A family member owns a barbershop. They've just found out about an hour ago that an incident occurred in the shop yesterday where one employee finished cutting one customer's hair, went into the back room where an another employee was (the acting manager-not a family relative), launched a pair of sharp scissors at the other employee in a violent manner but luckily no-one was injured, and then proceeded to go back to cutting another customer's hair. Why the manager didn't phone the police or inform the owner is beyond me and sort of highlights their inability to manage but that's another issue...
This barbershop is located in the Republic of Ireland so I'm fully aware that UK employment law is not applicable but as I understand it, they are very similar when it comes to gross misconduct. I am a member of the CMI but the legal contact number isn't active at weekends. There is a bit of a rush on this as my relative is going to be out of the country from Tuesday evening until November and wants to get this sorted before then. They don't want this person employed in the company any longer as they feel they are a risk to the other employees, customers and themselves and are looking to get rid of them but are aware it needs to be within the law. As far as I'm aware, there have been no previous warnings given although their attitude in general stinks.
There is no employee handbook for the company (that will be changing) but am I right in thinking that this would constitute grounds for immediate dismissal based on gross misconduct? The individual concerned is evidently unstable and the last thing needed is someone surrounded by scissors and cut-throat razors attacking another employee or customer. There is CCTV in the shop and currently I have another family member trawling through the footage to try and find the incident.
It also transpires that another employee in there has been giving grief to the acting manager over everything. They will be receiving a written warning over their conduct but I'm not clued up on the HR side of things-would two written warnings be enough for a dismissal? My relative is extremely concerned over a toxic environment developing. The reason they haven't picked up on this before is because they've taken more or less a backseat in the business as it runs itself so they spend very little time in the barbershop but I also suspect they've made a rod for their own back by being too easy on the employees and as result, they've been taking the proverbial.
Thanks in advance for any advice from legal bods that can be given quickly!
This barbershop is located in the Republic of Ireland so I'm fully aware that UK employment law is not applicable but as I understand it, they are very similar when it comes to gross misconduct. I am a member of the CMI but the legal contact number isn't active at weekends. There is a bit of a rush on this as my relative is going to be out of the country from Tuesday evening until November and wants to get this sorted before then. They don't want this person employed in the company any longer as they feel they are a risk to the other employees, customers and themselves and are looking to get rid of them but are aware it needs to be within the law. As far as I'm aware, there have been no previous warnings given although their attitude in general stinks.
There is no employee handbook for the company (that will be changing) but am I right in thinking that this would constitute grounds for immediate dismissal based on gross misconduct? The individual concerned is evidently unstable and the last thing needed is someone surrounded by scissors and cut-throat razors attacking another employee or customer. There is CCTV in the shop and currently I have another family member trawling through the footage to try and find the incident.
It also transpires that another employee in there has been giving grief to the acting manager over everything. They will be receiving a written warning over their conduct but I'm not clued up on the HR side of things-would two written warnings be enough for a dismissal? My relative is extremely concerned over a toxic environment developing. The reason they haven't picked up on this before is because they've taken more or less a backseat in the business as it runs itself so they spend very little time in the barbershop but I also suspect they've made a rod for their own back by being too easy on the employees and as result, they've been taking the proverbial.
Thanks in advance for any advice from legal bods that can be given quickly!
"Instant" dismissal can be risky, even in circumstances where it might be considered to be an open and shut case. Far better to suspend the individual, allow time for the facts to be gathered and give the individual an opportunity to offer an explanation. If dismissal then follows it avoids the charge of acting in the heat of the moment.
From a UK position you will not be able to fairly dismiss someone in 24 hours. You need to conduct an investigation, give written notice to employee inviting him/her to a disciplinary hearing at which you will hear his/her side of the story. You then need to make a decision. If dismissed, you need to give written reasons and an opportunity to appeal. Even if a dismissal is for fair reasons it needs to be procedurally fair.
Normally in these circumstances you would suspend the employee during the process. You don't need to give notice for a gross misconduct dismissal or pay in lieu of notice. An assault is likely to be, impliedly, gross misconduct, (Implied as it is no written in a handbook etc).
If the owner really wants to get rid of the employee he/she might choose to do as much as possible within the time limit and risk a claim for unfair dismissal. At an absolute minimum do a thorough investigation. This will involve 'interviewing' the others who were there.
ACAS guidance (for UK) is here http://www.acas.org.uk/index.aspx?articleid=2177
Have a search for an Irish version.
Normally in these circumstances you would suspend the employee during the process. You don't need to give notice for a gross misconduct dismissal or pay in lieu of notice. An assault is likely to be, impliedly, gross misconduct, (Implied as it is no written in a handbook etc).
If the owner really wants to get rid of the employee he/she might choose to do as much as possible within the time limit and risk a claim for unfair dismissal. At an absolute minimum do a thorough investigation. This will involve 'interviewing' the others who were there.
ACAS guidance (for UK) is here http://www.acas.org.uk/index.aspx?articleid=2177
Have a search for an Irish version.
10 Pence Short said:
Throwing scissors at another employee and you wonder if it's gross misconduct or not? Sack them immediately!
If the employer didn't act having known about this and someone is later injured they will possibly find themselves liable for any damage.
Absolutely correct an good advice. No court or tribunal would support such a criminal act.If the employer didn't act having known about this and someone is later injured they will possibly find themselves liable for any damage.
Thanks all for the advice-very much appreciated! The family member has spoken to the other members of staff about it-apparently, she has been showing severe mood swings for some time now and the other members of staff have been intimidated by her actions-why they didn't go to the owner sooner, I really don't know. The launching of the scissors at another member of staff has been caught on the shop CCTV system as well so she will be given her marching orders tomorrow after being called in for an interview as there is too much of a risk of her doing it again and instead of a staff member, some poor sod who has come in to get their hair cut...
acd80 said:
Thanks all for the advice-very much appreciated! The family member has spoken to the other members of staff about it-apparently, she has been showing severe mood swings for some time now and the other members of staff have been intimidated by her actions-why they didn't go to the owner sooner, I really don't know. The launching of the scissors at another member of staff has been caught on the shop CCTV system as well so she will be given her marching orders tomorrow after being called in for an interview as there is too much of a risk of her doing it again and instead of a staff member, some poor sod who has come in to get their hair cut...
Given the moods swings etc, I'd strongly suggest it isn't a 1:1 conversation - they could claim anything happened....Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff