Dismissal

Helen Abbott
Member - 31 posts

Dear Lisa

I am assuming that the warning was an informal one, since you did not mention disciplinary proceedings.

Since this is a conduct issue which does not seem to have improved, it would be advisable to follow the stages of your disciplinary procedure before attempting to dismiss, particularly if your employee has completed 12 months? service or more. However, there are a number of rights that an employee has in relation to disciplinary hearings such as the statutory right to be accompanied by a trade union representative or colleague.

A useful guide on disciplinary procedures for employers can be found on the DTI's website, at http://www.dti.gov.uk/er/small_firms_guidance.pdf

The DTI also have a downloadable document on dismissal and employee rights which can be found at http://www.dti.gov.uk/er/individual/02.htm#b14

It would be worthwhile checking that your employee understands the system for booking holidays and what they are doing wrong. Does s/he has a good reason for taking unauthorised holiday leave, for example, to deal with an emergency involving a dependant such as a child or elderly parent? If so, there is employment legislation for dealing with family emergencies. You can read more about this on the DTI website:

http://www.dti.gov.uk/er/timeoff.htm

Before disciplining or dismissing the employee, it would sensible to talk the matter over with your Personnel or HR Department, if you have one. They may be able to suggest some alternative strategies to prevent the situation from reoccurring or might wish to be present at disciplinary proceedings in order to advise further.

I hope this helps.

Regards

Helen Abbott

HR Consultant

Workplace Law Group