We have a controller, of 6 years service, who has admitted to giving a hire to a driver without recording it. the hire, needless to say was cash, and for a tidy sum. Do we have sufficient grounds to sack said controller for gross misconduct or will we have to settle for a written/final warning? We're torn on the issue. We suspected her of favouring one or two drivers, but no proof. Office manager and 2 directors so far are opting for dismissal. I've, quite rightly, been instructed to seek legal advice prior to further action. Thoughts?

I assume that the office gets a cut from all the work. If so this could be seen as theft.

We have a controller, of 6 years service, who has admitted to giving a hire to a driver without recording it. the hire, needless to say was cash, and for a tidy sum. Do we have sufficient grounds to sack said controller for gross misconduct or will we have to settle for a written/final warning? We're torn on the issue. We suspected her of favouring one or two drivers, but no proof. Office manager and 2 directors so far are opting for dismissal. I've, quite rightly, been instructed to seek legal advice prior to further action. Thoughts?

Whats a controller?

Rev W Audrey?

The way I would proceed on this one is to advise her that she will be having a disciplinary interview with management.

Set a date & time & advise her that she can have a solicitor present or a friend / witness / representative.

Make sure the meeting is minuted in detail or if the law allows have the meeting recorded.

Among the questions she should be asked are;

1. Confirm that a job went to a driver out of turn?
2. Was she aware of the value of that job to the driver?
3. Did she receive any benefit, whether in money or kind from the driver that did the job?
4. Why did she pass the job to the driver?

I'm sure you can draw up a list of other relevant questions to be put to the alleged culprit.

Once you have had the meeting, she will be in no doubt of the severity of the situatuion & the management will have time to reflect on the answers she has given.

Above all, the situation will be on a formal footing.

Encourage any aggrieved drivers who lost out because of this malpractice to put their grievances in writting, preferably before the disciplinary meeting. You can then advise the culprit that complaints about her conduct have been received.

All the time you are building a case & evidence against the culprit.

Slightly on another note.
Before Christmas, one local company lost 3 drivers. They had bookings that couldn't be covered. The management did nothing about it but the controller took it upon herself to get the jobs covered one night by handing out some of the work to drivers from other companys. No money was given to either the controller or the company she worked for so basically the work was given away. What should/could the company do to her?

That's different.

The bookings could not be covered, so the contoller was giving the customers a service rather than keep them waiting for an eternity. She was tryinmg to protect the companies reputation.

In the other case there was no suggestion that the job could not be covered.