Re: Eric Frohnhoefer?
"Along the way I have fired many people. For consistent tardiness, drug use, ignoring safety procedures, embezzlement, creating ill-will with customers and co-workers, constantly lying, ignoring job responsibilities, outright sloth, and other things detrimental to the company as a whole. Are you suggesting that I should be forced by the government to keep these people on my staff? Shirley not!"
Of course not. All of those are valid reasons to fire someone, especially if repeated or persistent behaviour is ongoing. I bet even you never fired anyone for a first offence in most of those cases since it's common enough for people to make mistakes, have a bad day, or not know the correct way to go about things. "Gross misconduct" leading to on-the-spot dismissal is relevantly rare, it's usually an accumulation of problems in most cases. I think he's talking about the "at will" States where you pretty much can be fired "on a whim", in effect, just because the boss doesn't like your face.
UK employment law basically states that the employer should have documented disciplinary procedures in place and so long as you follow them, you're fine to fire people. It could get sticky of they go to a tribunal and it's demonstrated that your procedure is shit though :-) You'd likely lose an "unfair dismissal" case if your disciplinary process included terms like "staff not allowed to wear pink underwear, instant dismissal offence" since that would an be unreasonable or unfair contract.
I did some online training to be allowed to service some OEM equipment. The training said we had to wear chinos and be clean shaven. Well, thought I, fuck off, I'm keeping my beard and I don't work for you anyway LOL (and my boss agreed) since that breaks UK employment law. :-)