what would you do?

[autumn.dawn]

We considered dropping his rate in the hopes he would get the hint and leave but as you say this will be classed as constructive dismissal. I think we will stick with the gross misconduct as this is something he has bought upon hi:sad2:mself. He knew the apprentice shouldn't be allowed on the scaffold as my husband told all the charge hands at the same time what the do's and dont's were as to the lads duties. we have suspended the guy in question for now pending an enquiry and will hold a disciplinary sometime during the week. No-one present at the time is disputing that the lad went on the the scaffold or that he wasn't wearing a harness.
As a company we certainly need to review our training program and accept ultimately the buck stops with us.....
We are pretty much resigned to the fact that we are going to sack the scaffolder in question and have to face whatever flack comes our way... All we can do is as much by the book as possible, but at the end of the day we have no faith in this man and feel he is a liability not only to us as a company but to those who work along side him, and that is not acceptable !!

 

[aom]

I would offer one note of caution to that, which is even after you have sought clarification and advise from any legal representative you are still wide open for unfair dismissal. The walls have ears so better not say too much but tread very carefully. Some men can still contribute to a firm without being the best grafters but you do need a firm big enough to carry them.