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New year. New problems !

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Clarkestaff

Member since
September 2022

120 posts

Posted Tue January 2, 2024 7:06pmReport post

Hi,

My OH has pled not guilty to 2 x distribution an 3 x extreme pornography, all other charges were dropped when challenged by legal team. We're still hoping the remaining charges get dropped as there is a lot of mitigating circumstances.

Oh has been on gardening leave for 18months and works for a very big company.

But this morning out of the blue he received a letter saying he had to attend a disciplinary hearing for gross misconduct. His court case is scheduled for April 2nd.

Has anyone else had anything like this happen, how can he be guilty of gross misconduct when he hasn't even been found guilty of any crime.

He is having a meeting with his union this week.

This is just another example of being guilty until proven innocent.

What a way to start the new year, it's just never ending.

Runawaygirl

Member since
March 2023

85 posts

Posted Tue January 2, 2024 8:46pmReport post

Hi. I have sent you a private message x

Clarkestaff

Member since
September 2022

120 posts

Posted Wed January 3, 2024 9:26amReport post

Thank you Runaway girl x

Inthemoment

Member since
February 2023

358 posts

Posted Wed January 3, 2024 10:25amReport post

I'm so sorry to hear that.

We had a similar experience and my husband was fired without even a hearing, during the investigation stage. It was horrendous and we weren't prepared that they wouldn't follow policy

If I could go back I would have had him resign before that stage to preserve a positive reference, and get another job before anything might go on his DBS

Good luck

Scaredmumof3

Member since
July 2023

100 posts

Posted Wed January 3, 2024 12:41pmReport post

He should get a copy of their discipline process / procedure and make sure this has been followed. I am always shocked to hear stories of how even big companies make mistakes and don't follow their own processes properly.

I am sure the union will have lots of advice and help too.

From the Gov website :

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination

With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure. You should investigate the incident and give the employee a chance to respond before deciding to dismiss them.

But the legal site is also very useful:

https://landaulaw.co.uk/gross-misconduct/#:~:text=In%20fact%20even%20without%20such,one%20we%20are%20often%20asked

Clarkestaff

Member since
September 2022

120 posts

Posted Wed January 3, 2024 1:46pmReport post

Hi, Thanks very much for the information, I will spend the afternoon looking through this. We are also waiting for the Solicitors to get in touch

AnxiousGirl

Member since
December 2023

222 posts

Posted Wed January 3, 2024 2:05pmReport post

Post deleted


Edited Thu February 22, 2024 8:46am

Clarkestaff

Member since
September 2022

120 posts

Posted Fri January 5, 2024 3:19pmReport post

Hi,

Just to update, after discussion with the unions, the hearing has been postponed until after OH has been to court. Thank God something positive, as if we don't have enough to deal with at the moment!!!

Ocean

Member since
September 2023

771 posts

Posted Fri January 5, 2024 3:42pmReport post

I'm pleased something has gone right for you. Thank you for letting us know.

Caggie164

Member since
October 2023

274 posts

Posted Fri January 5, 2024 3:53pmReport post

So glad to hear your news x

K4

Member since
October 2022

611 posts

Posted Fri January 5, 2024 4:11pmReport post

Congratulations! That's super news x