Dismissing someone for fraud (Possibly)
Discussion
Hi guys - I would welcome some advice on a matter that I'm probably making more complicated than what it needs to be.
A friend of mine has a part-time employee who works 2 days per week and he is their main PAYE employee. He has employed them on this basis for the last 3 years,
They have signed a full-time employment (5 day per week) contract which states that the hours of work are by arrangement with their manager unless otherwise arranged.
He has always wanted them to work Saturdays, his busiest day, but they have always stated they have childcare responsibilities that day and are unable to work.
He has now found out they work Saturdays for a competitor and receive a cash in hand payment. They have also boasted to his employees that this money is not declared to the Inland Revenue (He has written statements supporting this).
My question has 4 parts:
1) Can he dismiss the employee for fraud even though the fraud is committed against the tax man and not his business.
2) Lying about not being able to work for Saturdays is a case for gross misconduct?
3) If not, what notice does he have to give the employee to start working for him on Saturday?
4) If they say they can't work Saturdays can he dismiss for breach of contract.
Thanks, Richard
A friend of mine has a part-time employee who works 2 days per week and he is their main PAYE employee. He has employed them on this basis for the last 3 years,
They have signed a full-time employment (5 day per week) contract which states that the hours of work are by arrangement with their manager unless otherwise arranged.
He has always wanted them to work Saturdays, his busiest day, but they have always stated they have childcare responsibilities that day and are unable to work.
He has now found out they work Saturdays for a competitor and receive a cash in hand payment. They have also boasted to his employees that this money is not declared to the Inland Revenue (He has written statements supporting this).
My question has 4 parts:
1) Can he dismiss the employee for fraud even though the fraud is committed against the tax man and not his business.
2) Lying about not being able to work for Saturdays is a case for gross misconduct?
3) If not, what notice does he have to give the employee to start working for him on Saturday?
4) If they say they can't work Saturdays can he dismiss for breach of contract.
Thanks, Richard
Hi Guys,
Thanks for your comments so far.
It would have helped if I put the full clause regarding work hours:
"The [company X] is open for business between the hours of 9-5.30pm Monday to Friday and 8.30 to 5pm on Saturday. You are required, unless otherwise arranged, to work five days per week by arrangement with your manager."
They have signed a contract accepting these terms.
Cheers, Richard
Thanks for your comments so far.
It would have helped if I put the full clause regarding work hours:
"The [company X] is open for business between the hours of 9-5.30pm Monday to Friday and 8.30 to 5pm on Saturday. You are required, unless otherwise arranged, to work five days per week by arrangement with your manager."
They have signed a contract accepting these terms.
Cheers, Richard
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