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HR tip: Entitlements on gross misconduct

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question:

"When we dismiss someone for gross misconduct, we stop their pay and do not give them anything for unused holiday entitlement or accrued bonus. We have been challenged on this. How do we stand?"

HR tip:

When dismissing an employee for gross misconduct you should give them their pay, outstanding holiday entitlement and accrued bonus and other entitlements up to the moment of dismissal, but for no longer. You are not required to pay anything for notice since that entitlement is extinguished by gross misconduct. At present, it appears that you are depriving employees of some entitlement.

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