Where my mum works, there was a lad who got sacked for stealing a few years ago. The managers noticed something was going on from the start, so they got a security camera fitted above the till (pointing downwards) and covered it with a dummy smoke alarm, and kept it there for 3-4 months. In that time, it showed him taking money out the till every weekend, so they had enough evidence to dismiss him, eventually after they had gone through all the legal stuff.

Also, could you get lockers for your staff to keep their bags in?

You also need to send him a letter to invite him to a meeting for the written warning and advising him to bring a representative with him if required. As for catching him out mark your notes with pen each day discreetly and keep checking the amount and catch him out that way (ie. ones missing check his bag/pockets etc). His previous employer is not allowed legally to say anything negative about him unfortunately. They can answer yes or no to your questions but cant "slate" him. You may get more detailed info through a phone conversation with the previous employer on the Q.T. as it were but how will that help your situation now ? Get plenty of advice because sacking someone or trying to sack someone can end up in thousands of pounds of expenses if they go to a tribunal and definitely make sure you are covered insurance wise. Sounds like you have a good case for gross misconduct with the drinking and stealing. Once he receives his written warning chances are he wont bother turning into work again. Another idea is if he doesnt have a detailed contract, cant you cut his hours (if his hours arent in writing) down as much as you can to force him out ?? Best of luck xx

BTW, I wouldnt mention the epilepsy because if he has suffered in the past it will look like harrassment. x

I think this may be classed as constructive dismissal. You don't want to end up in trouble for that!

No not at all, she's not dismissing him

By deliberately cutting hours so that the employee feels forced to resign would be classed as constructive dismissal. Resignations where the employee may claim constructive dismissal | Business Link

I see what you are saying but he hasnt got a contract, therefore he could not prove what his hours should be in a court of law anyway. Agreeable its a very dodgy area and one to be careful of but its an option

I think you may be in the wrong by him not having a contract by now.

Employment Contracts - What should be included in an employment contract?

'By law an employer must provide an employee with their employment terms, (known as a "statement of terms") within 2 months of the employee's start date. However, a statement of terms is the bare minimum required by law. A comprehensive contract of employment allows an employer to specify an employee's duties and responsibilities - so an employee knows exactly what is expected of them. '

Because of this I would definitely take legal advice, or else you could end up in a big mess. Hope it works out ok in the end for you.

I hope i can help here as there are some confusing replies.Firstly employers must have a disciplinary procedure in writing in place.There is no requirement to have a verbal warning in a disciplinary procedure,you can begin with the warning.There is a process to follow ie invite the person to a disciplinary hearing and give them an opportunity tobe accompanied.Donot throw the kitchen sink at them and incidents that happened months ago,
If this person has applied fo rthe post by application or cv and has specified a false reason for obtaining the post you might reasonably think this is gross misconduct ie they have breached your confidence and trust.I am left asking why you didnt get a reference?
If you were to dismiss once again there i must bea clear process to follow and you must follw it,this is where most employers trip themselves up.
I think question 1 is do you have a written disciplinary procedure?

HI,
Not sure if this will be off help to you. But I recently had to let a member of staff go for stealing clients. I also found out that they had stole from the previous employer. This I could not use against them as this was not with me. I went through the NHF, it doesnt cost that much for a year, but you can have as much legal help that you need, and I have had mine by far. They have a legal team they put you through to, and they will help you with your letter and then when you go to let the member of staff go they give you a miscondut code. This for me worked very well, as the mother came in and shouted in the shop. She was so angry that I had sacked the family member from the salon. But there was nothing that they could do as I had taken the correct actions. God only knows what would have happend it I hadn't gone through the correct procedures.
Wish you the bes of luck

Also like to point out, that Although it is called a verbal warning, it does infact have to be in writing.

then is followed by 2 written, known as written warnings.


Su