I am looking for some advice please.
We currently have an employee who is being held on remand in prison. He initally went AWOL after a period of certified sickness absence. We then found out his wherebaouts when the police visited our site and wanted to interview another colleague.
The police directed us to a local newspaper article which stated the employee had been charged with some very serious offences including two counts of attempted murder. The trial begins in November but the police have told us that it is unlikely to conclude until the new year.
We have wrote to the employee twice in prison first asking him to provide a written submission in relation to the allegations, he did not respond. We then wrote to him a second time inviting him to a hearing, again giving him the option of providing a written statement or someone attending on his behalf.
We have received a statement from him today. He neither denies or admits to the charges and gives us no inidctaion on the possible lenght of any sentence. His statement is very vegue and makes little sense.
We would ideally like to dismiss but I am unsure if this should be for SOSR, Capability or Frustraion of Contract. We also have issues with his conduct in that he failed to notify us of his absence or the fact that he had been charged, which our employee handbook stataes an employee should do.
I would be grateful for any advice.