Posted By Kieran J Duignan Meet with him/her to establish the relevant facts and then decide what action, if any, to take.

Posted By William Perhaps it was the doctor who changed the date, if their doctor is anything like mine they are so busy that they can be forgiven for making the odd mistake, it is more an HR issue, but is it really such a big deal for one day?

Posted By CFT Kieran With respect; perhaps the point has been missed here, and that is one of a likely 'pecuniary advantage' perhaps, or a 'misappropriation' or 'unintended fraud', for whatever reason based upon the information provided by the originator; if one is to conclude that it is, in fact as it appears, and is a proven 'misappropriation with intent' then this would be a 'likely' cautionable scenario, and the result would be highly dependant on the policy of the organisation in this given situation. If you consider this a H&S issue and not an employment/HR one, I can offer no further thought on the matter; your questioning of the HR/H&S link however, is one in which I can categorically state work 'hand in glove' together on many occasions; not in this instance though, IMO. CFT

Posted By Kieran J Duignan Thanks for the clarification, CFT I've no reason to assert (and did not actually do so) that sickness absence is 'a safety issue', unless, in the absence of a HR specialist it is de facto or formally assigned to the safety specialist. I v. much appreciate your clarification as I appreciate how it's possible to allow the violations to which you refer to not only go unchecked but to even become norms. Thanks again.

Posted By Kieran J Duignan Joe Since you indicate that the employee is in a position of trust, it is reasonable to assume that he/she may take forceful defensive action in the face of an enquiry. If I were in your situation - which, thank the Lord, I'm not, sir! - I would either interview him/her in the company of a reliable third party or else conduct an openly taped interview so that he/she is informed that evidence of the conversation is on record. Stressful for all concerned but also a really good professional learning opportunity.

Posted By Kieran J Duignan Joe To weigh up such a serious step (which stays on the individual's record for some time and counts against in the event of a further misconduct incident) bear in mind the impact, not only in legal terms, but also in terms of the psychological warning signals to others, whatever action you take). So, it's necessary to determine the scale of the misconduct as viewed by the board and to consider the pros and cons of a written warning as an alternative. If the company doesn't wish to support you through a solicitor or HR consultant to draft documentation, I'd encourage you to study the guidance available on the ACAS website before committing the company. My own bias may perhaps be somewhat inclined towards 'lenience' in so far as I'm concerned to have regard for the impact of disciplinary action on the morale of others and the culture of the business as well as the individual for the rest of his/her life. Since what was signalled initially as 'sickness absence' emerges as 'gross misconduct', I'm finding myself actually reflecting CFT's cautionary stance by requesting the board to either provide specialist resources to support you or to make the decision based on your guidance about the options.

Posted By CFT Joe I'm really loathe to take this any further as it really is not something that 'anyone' here on the forums is 'likely' to be able to assist you with per se; other than perhaps a friendly ear, and a non-committal suggestion or three. Having spent many years advising on corporate law and employment issues, I would finalise my input here by asking what the contract of employment (CoE) states in terms of misconduct or gross industrial misconduct; in other words what is laid down that constitutes it? You should then follow the procedures laid out in your company policy for such an instance, and give the individual every opportunity to explain him/herself; only then taking a decision on the way forward; one would not wish to be in a situation where 'constructive dismissal' could be levied against you (although, not the end of the world). If you do not have the availability of a specialist to guide you or advise, then I would recommend you speak to ACAS, they are extremely helpful in such a circumstance. I wish you all the best and that you make the right decision for all concerned. It's actually not as bad as it probably seems to you. CFT

Posted By Pete48 Joe, as CFT and Kieran have said, tread lightly. In order for something to amount to gross misconduct, and thus allow instant dismissal, the test is that it has to be so serious as to go to the root of the contract. You need to ask yourself whether this one event goes to the root of the contract with this employee. I am assuming that he was certified as medically unfit and therefore the reason for his absence is not at question? Therefore, his motivation may not be intent to defraud but one of an expedient, if rather short sighted, attempt to conform to a system. Being foolish is not the same as being untrustworthy or a thief: a valid argument that you need to consider. Your "feeling" that you can no longer trust this employee is not reason enough on its own. If you are not 100% certain about it going to the root of the contract then it may be misconduct but is probably not gross misconduct. Misconduct of course requires you to follow a strict procedure including warning letters and time to improve. If you do not then, then you may be unfairly dismissing this employee. These notes are just my opinion based on previous experiences in this area, I am not an employment law specialist. I hope they are useful for you to further your research into this matter.

Posted By water67. Hi, I would only add:- do you have access to an employment law specialist? if not you could contact acas they may give you some advice. If you consider this gross miss conduct and thus a termination is your only option be sure you can defend this at an employment tribunal as the employee may take you to this stage if they feel and can convince a lawyer that you have not followed all procedures etc. As has been said would a written final warning or a period of suspension without pay turn this around to the satisfaction of all parties. 3 years loyal service cant just be dismissed. Cheers.