Legal Q&A - recruitment with Kimbells
Foreign fingers in the till
Q I suspect that one of my bar workers is stealing from the tills. He is a foreign national who is on a work permit to remain in the UK. Should we still follow the usual disciplinary process?
A You should use your disciplinary process for all employees but under these circumstances, you should be particularly cautious. The consequences for the employee are huge, with a possibility that he could be deported should he be dismissed. Carry out a detailed investigation and consider any mitigating factors such as the employee's previous disciplinary record.
Whose side of the story should I believe?
Q The allegations arise mainly from another worker who claims they have seen him stealing the money. Can we rely on this?
A If your evidence consists of a statement from a fellow employee with no other supporting evidence (for example, CCTV footage of the worker stealing), then it may be difficult for you to form a 'reasonable belief' that the employee stole the money, if the employee denies that he stole it. If you dismiss, this could leave you open to an unfair dismissal claim. The tribunal has recently confirmed that it is acceptable to give the alleged wrongdoer the benefit of the doubt if their evidence conflicts with that of another employee.
When did my employee resign?
Q One of my managers set out in his resignation letter dated July 5 that his resignation was conditional on him being paid a month's notice and receiving a good reference. I confirmed he would get both of these, but said I couldn't accept a conditional resignation. He then sent me an email on July 9 to confirm he had resigned, with effect from July 5. When was his last day of employment, so I know when to pay him up to?
A The date of termination depends on what actually happened between the parties, and not what they may agree to. For this reason, the employee's email confirming his resignation did not have the effect of backdating his resignation to July 5. Therefore the employee's resignation took effect on July 9, so pay him up to and including that date.
