Gross Misconduct Mitigating Circumstances Please Help

needabitofhelp

Hi,

This is the first time I have done this so bear with me..

My wife recently was asked to account for an amount of missing money from the retail outlet in which she works. The area manager told her that an investigation would begin in to this matter. This triggered off an emotional response and my wife daid something like "there is no need". She then got up, walked out and and to cut a long, and extremely distressing story short, attempted to commit suicide half an hour later. Thanks to the work of the emergency services and members of the public she was saved. She promptly recived psychiatric care and has been diagnosed with post natal depression leading to the breakdown. She fully admitted to me that she stole an amount of money from her employer in the two months after returning from Maternity leave. She realised that this was wrong and did not do it again. This was Christmas 2008, the matter was discovered months later. She has worked for the firm for 10 years and has an impeccable record. She is currently on sick leave as she is incapable of most daily interaction but the firm are aware of the circumstances and her unofficial admitting of the offence. Please do not get me wrong, both my wife and I fully appreciate that this was wrong and constitutes gross misconduct, however her medical team assure us that acts of apparent stupidity, that are out of character are symptomatic of this condition. I want to know where we currently stand. Can my wife be sacked via post after breaking down and admitting to me that she committed this act, now that the company are aware of it? Or Will they have to wait until she can face a meeting with her superiors to account for her actions? Will such strong and acute mitigating circumstances assist her? Should she resign by post before they can sack her? Neither the company, nor I had any inclination of ill helath on her part and this is a shock to everybody concerned. Any help would be greatly appreciated. Please feel free to ask any questions to clear up any points. Thanks

dmg24

It is possible for the employer to dismiss the employee in these circumstances. It would be good practice to hold a disciplinary hearing, but this may be done in her absence if it is mutually agreed that it would not be beneficial for her to attend. Whether they will dismiss is something that no one can answer, I know of employers that would be sympathetic, but I know of others that would not.

Has the employer asked for a meeting, and how much money was involved?

It is possible for the employee to resign by post if they wish to do so. I would question whether the employee will ever feel comfortable going back into this environment, where people will be aware of her previous actions (even if the employer is sympathetic, others may not be).

needabitofhelp

I fully appreciate, as does my wife the severity of what has happened. Can the firm conduct a hearing without her being present, even if she is clinically certified as ill and obviously in no fit state to function normally, let alone attend a hearing? My real hope is that they allow her enough time to respond to treatment and then allow her justify her actions at a hearing and possibly resign. I know that she could technically just post a letter now but, for want of a better phrase, she is not in her right mind. In the result of a resignation, would it allow her to expect a reference from the company in the future, albeit a "started this date, finished this date" one. Could they put in the refernce that she resigned "pending disciplinary" or anything similar. This would obviously jeapordise any future employment hopes. Thanks for your help

foxy-roxy

i agree with dmg24, would going back now make her worse having to go through disciplianries and dragging all the past up? Maybe resigning and starting afresh may be of more help.
If it was quite alot of money will the company be pursuing the money back? Because it may not be a case of simply walking away.

mrcow

So she's been there ten years and then this happens. If I were in your position, I'd be in communication with the company about what they intend to do next rather than trying to speculate which could only worry you further. If an employee of mine had gone through this, the last thing I would be thinking would be on how to discipline them.

If she freely admits to taking the money, have you offered to pay it back? Have the employer called in the police yet? How much are we talking about?

needabitofhelp

Thanks for you quick response folks,

It was less than £500 in December 2008. Before this time and since this time she has not done anything remotely illegal. We did not need the money and my wife cannot even remember why she did it or what she did with the cash. I would be more than willing to pay anything back. I suppose I could write her a letter of resignation and send it off but I just think that this is the knee jerk reaction and wouldnt give her the opportunity (when she is well) to offer any sort of explanation. The medical team who are looking after her have said that out of character, emotive, irrational acts are symptomatic of the illness and that they could provide documentation to represent this. I suppose I am scared that They have the power to just sack her through the post whilst she is so ill and wash their hands of her. MY hope is that they allow her time to recover and if paying back the money and resigning is the right thing to do, then so be it but all this could be done when everyone is thinking straight. I have written to her employers HR dept and told them everything in a hope that 10 years impeccable service and mental illness might allow them to give her some time to recover before holding a hearing and sacking her. If resignation is the answer, could they mention anything in any future about "resigned pending disciplinary..." or anything similar or does this leave them open for litigation. Would it be the case of just getting a "started this date, finished this date" Thanks again

taylor21_2

Hi

Sorry to hear about the situation you both find yourselves in and I hope your wife has a speedy recovery,

This is something only her employers can answer. It is a very individual case with lots to take into consideration.

They might have a chat with you about things,as about her options you can only ask.

(I wouldn't tell your wife about this just now, just giving you an idea of how it is treated legally if they report it) in 2008 a lady who worked at a hotel on the wirral stole 650.00 from her employer, she also had post natal depression. She did pay it back but was taken to court.

The judge ordered her to have a curfew where she had to remain in the home 7pm-7am, They were going to order community service but due to her health they decided the curfew woud be best.

Is she in the union or have you spoken to acas?

taylor21_2

Some support

● The Association for Postnatal Illness
(APNI)

Tel: 0207 386 9868
24 hour helpline: 0800 800 2222

www.apni.org

bendix

I dont get it? Is the OP suggesting his wife wants to go back to work there?

Whatever the reasons for the lapse of judgement she did two things: she permanently broke all trust that might have existed between herself, her bosses and fellow workers, and she committed a criminal act.

She can never go back to work there. I would focus on resigning, explaining the situation to her bosses and hoping against hope that they don't press criminal proceedings.

taylor21_2

Hi bendix

Under normal circumstances I would totally agree but lady was suffering PND or PNP. Whilst this doesn't totally excuse her actions it is important to take it into consideration. With PN(psychosis) it can get so bad you can in some cases even hear voices.

I just hope that whatever happens this lady continues to recovers. For her to attempt to take her own life she must have been in a terrible state.

Some employers are really supportive, some are not. Its a very individual situation.

1984ReturnsForReal_2

bendix wrote: »

I dont get it? Is the OP suggesting his wife wants to go back to work there?

Whatever the reasons for the lapse of judgement she did two things: she permanently broke all trust that might have existed between herself, her bosses and fellow workers, and she committed a criminal act.

She can never go back to work there. I would focus on resigning, explaining the situation to her bosses and hoping against hope that they don't press criminal proceedings.

Thats not necessarily true.