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deenan | Terminating an employee's contract? |
How do I stand if I decide I want to terminate an employee's contract as I have sure proof that they have been stealing |
 |
 
momof1qt
 |
Well, if you have proof they are stealing, the authorities should be contacted for investigation and with that they are terminated. You need to be careful because if it is discovered that the information you have is false then they can collect unemployment or go after you for wrongful termination. Be sure you have all your facts first. Then you simply take them into your office with another member of the management team and let them know they are being release of their duties because of (and give the details). |
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MANC & PROUD
 |
Get the dibble in first it's theft |
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Karina
 |
If the proof is there, be up front. Let them know what's going on and give them the consequences. They are grown they should have known better. |
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s2scrm
|
Is the contract so poorly written that you can't terminate it?
Fire the lawyers you have and get a competent lawyer that knows how to draft a contract that works for you.
Everbody's got a little larceny in them. If it's just petty stuff, slap the guys hand and forget it. |
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MARK M
|
If you clearly state in the contract of employment that gross misconduct can result in termination of employment you can do as such. Be sure you have solid evidence to back up your claims. The best thing to do is collect as many statements as you can. The best thing to do is suspend the employee on full pay pending further enquiries, invite them in for an investigation and get their side of the story. When you are satisfied that you have a case to answer, invite them in for a separate disciplinary hearing. Ensure there are 2 people (inc yourself) in the hearing and be sure to give the employee an opportunity to bring with them a colleague or union representative. Listen to what they have to say, adjourn for 20 Min's and then decide the outcome. Be sure you have a watertight argument as if they feel unfairly treated they can take you to a tribunal for unfair dismissal. If you dismiss them on the grounds of gross misconduct you don't have to give them notice it is instant. If you require anymore help.. just ask. Dismissing someone can be difficult at times but you have to be assertive and don't take it personally. |
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Paul D
|
You don't need 'sure proof' as an employer, its not a court of law. (a very common error by small businesses) Your decision just needs to be 'reasonable' If something went missing and three people were in the room you can dismiss all three harsh but it can be considered reasonable.
Make sure you follow you company disciplinary proceedure (you will lose any industrial tribuneral automatically if you have not) and dismiss for gross misconduct (avoiding having to give three formal warnings before dismissal) they have no right to a notice period but you will have pay any accrued holiday pay. |
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aelnet10
|
Is your "sure proof" 100% reliable?
If not take "proper" legal advice! |
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xXx Orange Breezer xXx
 |
As long as you have proof you can let the employee know what proof you have...........Give them the option of leaving quietly immediately or being dismissed and informing the police...........
If they are guilty you have no worries but keep a record of the meeting for at least 5 years.......... |
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andrew w
|
Firstly, if they have worked for you for less than a year then you can dismiss them for any reason (other than a Racial, Disability, Sex or Age Discrimination reason). Just pay them the value of the notice period in their contract. If there is no contract just give them a week's net pay.
If they have worked for more than a year you need to follow certain lawful proceedures involving suspension, a thorough and reasonable investigation, a fair hearing and the opportunity to Appeal.
It's straightforward but can be a minefield. Ring ACAS (ring directory enquiries for your local branch) who will give free help.
You could alway ring someone like me a lawyer but I charge out at £250 per hour plus VAT so I wouldn't bother!
P.S. this is for England and Wales nowhere else! |
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kingstubborn
|
I'd turn over evidence to the police. If they are arrested or convicted, you probably have an out, with no penalty. If you have a termination clause with no cause, give the 30 days or whatever and bid them adieu according to the terms of the contract. |
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littlebluefeet
 |
contact your h.r. dept.that's there job. |
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