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If the deceit is more
serious then the employer will be in his rights to take disciplinary
action as laid down in the Statutory Dismissal Procedures 2004.
The first thing to do
is to make sure you can prove that the deception took place. This could be
done by consulting former employers on issues to do with claims about
experience or senior positions held, or consulting court records for
matters to do with convictions, bankruptcies and county court judgments.
Once the deceit is
established it is important to follow the three-step statutory procedures
by writing to the employee outlining the nature of the problem and
inviting him to a meeting to put his side. Whether it is then permissible
for the employer to move on to full dismissal will depend on the facts of
each case and the explanation given by the employee.
For example, a
conviction for drink driving five years ago might not be strong grounds
for dismissing a person who has since had an exemplary record, especially
if his job does not involve driving. On the other hand, convictions for
theft might be far more serious, especially where the employee may come
into contact with money or valuable items belonging to the firm or its
customers.
Once the employee is
dismissed he then has the right to appeal to the employer and may
eventually elect to take the case to an employment tribunal. As always the
employer that follows careful, documented procedures that expressly permit
action in the event of misrepresentation will be in a better position to
take action.
Sally Laughton is a Employment Solicitor at Andersons Solicitors in
Nottingham, she can be contacted on 0115 988 6736 or email
Sally Laughton
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