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Can you get rehired after gross misconduct?
This may be appropriate if the position is a completely new role with different skills required or if the employee has gained additional experience or qualifications. The short answer is that there is no reason in law why you cannot re-employ a former employee who has previously been dismissed for gross misconduct.
Can a company re-employ after dismissal?
Once employment has terminated by reason of redundancy, if the economic situation suddenly changes and the employer needs to employ someone, it may re-employ the redundant employee. There is no obligation on it to wait a certain period of time before offering re-employment to that individual.
Does gross misconduct always end in dismissal?
No. The point of gross misconduct is that it is conduct so bad that you are justified in dismissing the employee instantly (subject to having followed a disciplinary procedure). If you give your employee notice – or pay in lieu of notice – you may weaken your case.
Can a company re-employ an employee who has previously been dismissed?
This is quite an unusual situation. The short answer is that there is no reason in law why you cannot re-employ a former employee who has previously been dismissed for gross misconduct.
When is it appropriate to dismiss an employee for gross misconduct?
If the gross misconduct was as a result of a capability issue for instance where the likelihood of the employee repeating the mistake is limited. This may be appropriate if the position is a completely new role with different skills required or if the employee has gained additional experience or qualifications.
Would you hire a person with gross misconduct on their CV?
No, generally not. In fact, I doubt I would call any such candidate to interview unless his or her CV included other, exceptional fits to the job role on offer. Why? Well it demonstrates two, serious lapses of judgement which would be large red flags as to that persons candidacy Firstly, the fact of the gross misconduct to begin with.
When can you dismiss an employee without notice?
If an act of misconduct is deemed serious enough – even for a first offence – if substantiated, the employee may be dismissed without notice or pay in lieu of notice.