Fiance dismissed for gross misconduct

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I'm requesting advice for my partner. He just got dismissed from his much loved job and is too upset to deal with anything. Sorry if this is long and complicated.
He worked at a dog day care centre as a driver and last month was suspended after he made a couple of silly errors. They are saying it was gross misconduct but I think they are being harsh. He was under a lot of pressure and stress at the time which led to a lapse of thinking. He left some dogs unattended for 3 minutes but they were in sight of other staff members. His boss is asking why he didn't call the site manager to report it, he said he used his initiative and experience to judge that they would be ok and that he had told his colleagues to go attend to them. The other mistake he made was he forgot to take 2 dogs out of his van to drop off at the centre, but he realised quickly when he was on his next collection and kept checking on them to see if they were ok. Again his boss wanted to know why he didn't call them. I don't see how calling his boss would have changed the fact that the dogs were in the van for longer than usual, which is their issue. My fiance argued that sometimes he can be stuck in traffic for over 3 hours and not be able to check on the dogs' welfare but then they contradicted themselves by saying sometimes things are out of our control? So it seems to be fine sometimes for this to happen if it suits them!
I am so angry with their behaviour. They didn't give him a verbal warning plus his English isn't great as he is from another country and I'm worried he misunderstood things that was discussed in his disciplinary. He has been a very loyal employee having worked there over 5 years without a day off sick. The last 5 weeks he was made to train a new driver everyday and most of the time never had a lunch break so he was exhausted. That day he was also stressed because he recently had an accident at work where he chased after a dog but broke his knee and was due to have leave for surgery, which they gave him a month off for but he wasn't able to walk properly and was in pain and had been waiting months for the surgery due to his employer not allowing him the time off for surgery straight away. They decided to suspend him the day before he was due to leave for surgery so when he returned they told him he was dismissed. Also, his own dog had recently broken it's leg and was in the process of treatment which was stressing him out and also his father recently passed away. I'm wondering if he has a case because as an employer they did nothing to control stress levels which I believe played a part in his lapse of thinking at work. (Maybe also the injury from his job is something else to pursue??)
Also, he told them that he witnessed other colleagues making the same mistake as him by leaving dogs unattended but nothing was ever mentioned to them. I'm wondering if him having so much time off for his knee operation might be why they want to get rid of him?
I'm glad he's not working there now as they have been treating the dogs and staff badly and just seem interested in growing the company and making money. There is a high staff turnover too.
What do you suggest? I know his clients will be really upset and angry, most of them have said they would leave if he left as they value him so highly. His boss has offered him excellent references and 6 weeks paid leave.
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  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    You really dont have much chance. He has made mistakes. Leaving the dogs in the van because he forgot is not the same as leaving them in the van due to traffic. One is out of their control as they correctly said, the other is not. Its not changing rules to suit at all.

    How could his employer have aided stress about his fathers death and his dogs broken leg?

    He has left dogs unattended, and kept dogs In the van longer than necessary through his own forgetfulness. As his entire job is looking after dogs then twice he has massively failed to do his job.
  • marlot
    marlot Posts: 4,935 Forumite
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  • TELLIT01
    TELLIT01 Posts: 16,489 Forumite
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    Trying to use a defence of "Other people have done the same thing" is no defence at all. It seems that he doesn't dispute that he left the animals unattended, against policy, so he doesn't seem to have any valid argument against the accusation of gross misconduct. Sorry if that seems harsh but the employer seems to have applied the rules.
  • mica2
    mica2 Posts: 66 Forumite
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    You really dont have much chance. He has made mistakes. Leaving the dogs in the van because he forgot is not the same as leaving them in the van due to traffic. One is out of their control as they correctly said, the other is not. Its not changing rules to suit at all.

    How could his employer have aided stress about his fathers death and his dogs broken leg?

    He has left dogs unattended, and kept dogs In the van longer than necessary through his own forgetfulness. As his entire job is looking after dogs then twice he has massively failed to do his job.

    Ok I guess seeing it from a different perspective it doesn't look good. I was thinking they made him stressed because of putting him with another driver to train everyday for 5 weeks without a lunch break, I realise his own personal problems are no responsibility to the employer but thought they might take it into account.
    I just hope he can find a new job soon otherwise we'll be homeless :(
  • mica2
    mica2 Posts: 66 Forumite
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    Does anyone have any advice for how he can find another job? He has a potential interview but his last employer has promised excellent references so can he get away with not telling the job about why he was dismissed? Just worried if he does they'll not take him on.
  • elsien
    elsien Posts: 32,761 Forumite
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    How long did he work there for? If it's less than two years then, they can get rid of him for pretty much any reason.
    If more than two years, did he have a proper disciplinary hearing and did they follow the procedures correctly?

    With regards to the reference, he needs to check with the last employer exactly what they are putting on it about his reason for leaving, if anything. What he says to prospective employers really depends on that. They can give him an excellent reference about his work while still saying he was dismissed for gross misconduct, so he needs to ask them what the reference will say.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    Surely, if someone is injured, especially at work, it is in their employer's interest to ensure they receive medical treatment as soon as possible to avoid the possibility of being sued?
  • bugslet
    bugslet Posts: 6,874 Forumite
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    mica2 wrote: »
    Ok I guess seeing it from a different perspective it doesn't look good. I was thinking they made him stressed because of putting him with another driver to train everyday for 5 weeks without a lunch break, I realise his own personal problems are no responsibility to the employer but thought they might take it into account.
    I just hope he can find a new job soon otherwise we'll be homeless :(

    Did they follow WTD ( working time directive) rules so he could have a break?


    mica2 wrote: »
    Does anyone have any advice for how he can find another job? He has a potential interview but his last employer has promised excellent references so can he get away with not telling the job about why he was dismissed? Just worried if he does they'll not take him on.

    If I was interviewing him, I'd want to know why he was dismissed, but I'd balance that with thinking that someone who had worked at one place for 5 years with seemingly no issues, must be on the whole a good worker.

    Good luck to you both.
  • ampersand
    ampersand Posts: 9,565 Forumite
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    edited 12 March 2018 at 1:35PM
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    mica - replied earlier, but this is a connectivity notspot. Posts often disappear or fail to appear.
    #
    Your chunky block of text buries key points.

    Several posters have missed length of service:
    'He has been a very loyal employee having worked there over 5 years without a day off sick', so verbal warning and a full disciplinary Hearing are mandatory.

    '...'last month was suspended after he made a couple of silly errors. They are saying it was gross misconduct'

    You use the terms 'verbal' and 'disciplinary', but do you understand them as applicable in employment Law?

    They didn't give him a verbal warning plus his English isn't great as he is from another country.
    Both require investigation via CAB/solicitor, re: apparent legal breach.

    'He left some dogs unattended for 3 minutes but they were in sight of other staff members.
    -
    is '3 minutes' correct? or was it 3 hours?

    Wouldn't 'asking why he didn't call the site manager to report it,' take at least another 3 minutes, probably more?
    #
    If the employer is offering 'excellent references', ensure someone with good English at your local CAB sees them too. My advice is that you both attend.

    Your fianc! cannot receive '6 weeks' paid leave' if he has been dismissed.
    You both need to see and understand what this money is for.

    Beware a gagging or 'no unfair dismissal claim' clause, for example.

    You must see a CAB Employment Law advisor, who may then link you to a good employment solicitor from their list of firms still offering free 1/2-hour appointments.

    Read this carefully:
    https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed

    Within this, check this:
    https://www.gov.uk/employment-tribunals

    Be aware that this government has *sapped all protective legislation, which is why I urge you to visit a good CAB specialist advisor, especially *if the roof over your heads may become unaffordable. For these *reasons, CAB appointments are also under pressure.

    Nonetheless, don't be dissuaded.

    I wish you both well.

    In view of 'his clients will be really upset and angry, most of them have said they would leave if he left as they value him so highly', don't let this opportunity slip! If they mean it, let them prove it. Start a dog-walking /exercise business, or whatever will work best for you both.

    'otherwise we'll be homeless :(' - context needed. Roof tied to job/ or income won't cover rent, if private?

    'high staff turnover' can be deliberate on employer's part to avoid higher costs of long-term employees, as well as evidence of H&S breaches.
    #
    Dismissal of a [dearer] long-term employee on a pretext, is one likely shape to this situation.
    So, CAB>employment solicitor will help you see where fianc! stands legally.

    His upset is clear, yours too. Language misunderstandings must be avoided henceforth, so go together. Also, any calls made by a CAB advisor on your behalf will carry a little more heft.
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  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    After five years with no previous warnings (I guess from your post) to dismiss after a couple of genuine errors where there was no harm done in the end I think is a bit harsh. Is it so serious that the employment relationship is completely and irreparably broken down and to justify instant dismissal with no notice? Personally I say no, but that doesn't mean a tribunal wouldn't agree with me and side with the employer.

    I'd see if a local solicitor had free sessions and have a chat. If your home insurance comes with legal advice then look down that avenue.

    Did they hold a proper disciplinary hearing giving him the right to be accompanied? Also did they give him the right to appeal? They should have done so, and he should appeal if he wants to pursue it.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
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