Dismissed today - please help what to do next

taba

On Monday when my husband arrived at work on Monday he was called in an office with the two directors and told he was being suspended as they had looked on his computer and found some private work.

He niavely admitted he had done private work and apologised they said they had to follow procedure and agreed that he could return yesterday to discuss it, they handed him a letter. The letter referred to his proposed dismissal for doing private work during office hours they did not mention this to him in the meeting.

He is adamant the private work was minimal (a couple of hour in the last 12 weeks) and had always put their work first, he has frequently arrived early left late to ensure that their work was completed to deadlines and returned yesterday, it was very cordial there were the same two directors (no notes were taken) and they said they would let him know the outcome by letter. He received a letter today saying he was being dismissed for gross misconduct.

I know we can appeal but how and what should we do next

thanks

hothothot_3

I cant think about why he would appeal, on the basis that he has already admitted the transgression of company policy.

Was he informed that he had a right to have another colleague with him present, at the disciplinary meeting?

Vader123

How long as he worked therE?

What are the rules about "private" work?

Vader

borders_dude

Sounds like misconduct to me, and he has admitted it.

Imagine if you owned the business and one of the staff that you were paying was privateering by doing personal work when he should be working for you.

elsien

Even if he informally admitted misconduct though, doesn't the disciplinary letter have to tell him his rights re the meeting, right of accompaniment, how to appeal etc? (Depending on how long he's worked there of course.) Does he have copy of the companies disciplinary procedure as if not he needs to get hold of one.
How long has he worked there, as it does make a difference to his legal position.

taba

He has been employed there just over a year, the previous company he worked at for 8 years went into liquidation but all the staff were made redundant on the Friday and went to this company on the Monday. At the previous company there were two directors from that company who then had a financial interest in this company. Earlier this year one of them left and has an ongoing dispute with them but we have had no contact with him so do not know any details, he was asked several times recently if he has had any contact from this person and again yesterday and also if he had passed any information from the company to anyone (he has not).
He did have an informal agreement with the previous company that he could do private work in his own time.
He was given a copy of the disciplinary procedure, it just states basically same as ACAS for reasons of gross misconduct.
I agree it is misconduct and am very angry with him (trying not to be) but do not feel it is gross misconduct

hothothot_3

yes but because he has been working over 1 year, it is far safer for them to dismiss for gross misconduct (he has strong employment rights against dismissal otherwise).

Anihilator

taba wrote: »

He has been employed there just over a year, the previous company he worked at for 8 years went into liquidation but all the staff were made redundant on the Friday and went to this company on the Monday. At the previous company there were two directors from that company who then had a financial interest in this company. Earlier this year one of them left and has an ongoing dispute with them but we have had no contact with him so do not know any details, he was asked several times recently if he has had any contact from this person and again yesterday and also if he had passed any information from the company to anyone (he has not).
He did have an informal agreement with the previous company that he could do private work in his own time.
He was given a copy of the disciplinary procedure, it just states basically same as ACAS for reasons of gross misconduct.
I agree it is misconduct and am very angry with him (trying not to be) but do not feel it is gross misconduct

Whether you like it or not you are being biased. No one on this forum with a remote clue is going to tell you that using company resources during company time to do private work is anything otheer than gross misconduct. This isnt even considering the fact he may have been using company data to do it.

Your husband may have a case if they havent followed proper process however I would suggest dependent on how he was suspended etc they may have.

When he was suspended was your husband given anything in writing, told about a discliplinary hearing etc

taba

On Monday at the meeting it was very cordial, they said they had looked on his computer and there was private work therefore they had to suspend him whilst they investigated, during the meeting he did not think it was serious.
The letter handed to him at the end of the meeting stated his proposed dismissal, until he read the letter he was given no indication they were treating it as gross misconduct.
During the meeting on Weds there were the same two directors, no notes were taken nor was any evidence given to him, they say a considerable amount, he is adamant that during the last 3 months the private work would have totalled about 2 hours, he has worked far more than his contracted hours so to his (naive) way of thinking he has not used their time, he has always completed their work working through lunch, starting early and staying late.
I can totally understand the comments about carrying out private work in Co. time and can only apologise for asking for advice, when obviously he should not have done it, but trying to keep things in proportion I do not think he deserves to lose his job.

woody01

Sorry, but i would sack him aswell.

If i am paying good money to someone to work for me, and they have the time to 'privateer', then they deserve all they get.

paulwf

OP, although the amount of work may have been minimal and more than made up by overtime that is not the point. In post #6 you have basically indicated why they should sack him. Doing work on the side may mean commercially sensitive information has been passed on, and also by working for another company (perhaps a competitor) it may directly impact on the profits of the main company.

Was the work on the side in a completely different field for a company that does not have any interests in the same sector of business?