Ask the expert: Notice period when dismissed for misconduct

Posted by Matthew Whelan, Esther Smith in Employment law on Tue, 21/07/2009 - 16:39
  • An employer dismissed an employee who was off sick but stated on Facebook that she was out socialising
  • Did the employer act too hastily in dismissing her?
  • Is the employee entitled to payment in lieu of notice?
We recently dismissed an employee after she was off sick for two days but stated on Facebook that she was out at her friend's drinking on the night of the first day 'sick'. She was at the end of an extended probationary period (extended due to many misgivings, mainly reliability and absenteeism), and was about to be given notice. However, after having been caught taking a sicky, we dismissed her on the spot. Is she entitled to pay in lieu of notice?

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