Dismissed today - please help what to do next

Zazen999

It doesn't matter how much or little time has been spent doing private work; unless that time was ZERO then yes, he can be dismissed for gross misconduct. That YOU don't agree is [to be honest] not the point, you're not likely to are you?

The only chance you have is to see whether they have failed to follow their own process. So, did they follow their own disciplinary policy?

jazzyman01

There is another angle. You mention that in the past he has had an informal agreement to doing personal work? How long has he being doing personal work? Do others do personal work too?
If he can find that he has been treated differently then it would be unfair unless the company has brought out a new policy which clearly states he cannot do private work and that all previous agreements are now ended.
Clearly if it is the same work for a competitor then there would be no other alternative but to terminate.
As for the process, he has the right to have any evidence provided to him prior to the disciplinary hearing. As he admitted it, he should have advised how much time he had spent and that he had done this after completing his own work - if he claimed overtime it would also look bad.
There is a requirement to allow anyone attending a disciplinary to have a representative attend with them, however, this does not have to be stated in the letter it is up to the individual to know this and act upon it.
Urge him to look at the disciplinary policy and any IT policy. Always appeal.

elsien

I think other posters are right - his only chance really is to take them to a tribunal if they haven't followed the company disciplinary procedures properly. Not a lot of help to you at the moment though, I know. I'd give ACAS a ring for some proper advice if I were you.
I can see why his employers are upset - he hasn't been the most sensible of people, but we all make mistakes so good luck to you both.

nzmegs

While I agree it is wrong to do private work during the time you are employed - I would argue that it isn't unusal to spend some time at work doing "personal" work. For example I am sure his colleagues check their private emails, fire off a reply to their Mum or quickly check their facebook page. All of this adds up to a few hours week according to recent statistics. While it is not right - it is generally accepted in most offices. I don't see how this is any different. Just because it is part of his self employment he appears to be being treated differently.
I wouod certainly appeal and try to find out how much personal computer time people in the office spend. How can they justify firing him and not others.

taba

When he started work at the original company it was with the agreement that he could do private work, in no way is it in competition with his employers business (basically favours for friends).

They have not provided any evidence, he really had no idea how seriously they were taking this, any work was ever done during office hours always before or after.

There is no IT policy.

One of the Directors that came from the original company is a Director of two other companies one of which they do work for at cost only for, the company has no connection with the business my husband was employed in.

I really appreciate the responses, thank you.

busterian

OP, I have just read this thread and comment as follows.

Your husband attended a meeting on Monday morning and he was informed that he was being suspended pending further investigation. However, you then say that he was handed a letter at the end of this meeting, stating his proposed dimissal. Therefore, the company have not followed the correct procedure. The idea of suspension is gather proper facts and evidence.

If the letter states "you are being suspended pending investigation and any findings COULD result in your dismissal", that's a different story.

taba

Thank you for your reply, I can understand some of the comments made in reply, if I ran a business I would not accept employees doing work whilst I was paying them and my husband does accept the point but as I said before is very naive and trustworthy, it had been agreed before the busines changed ownership, was minimal, did not impact on their business, was not in their time

The initial letter definately states 'your proposed' dismisal and there were no notes taken during either of the meetings.

pinkshoes

taba wrote: »

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.

Could you explain the link between the two companies, as it's unusual for ALL staff to be made redundant then ALL start the next working day for another company which seems to have links to the previous directors.

Were they given a company policy stating that no private work is to be carried out on the company premises?

elsien

Your husband also needs to be careful about his timescales. There are time limits around putting in an appeal ( and for tribunals if that's what it eventually comes to) which should be explained in the disciplinary procedure and which he needs to make sure he keeps to otherwise his appeal can be dismissed for being out of time.

taba

pinkshoes wrote: »

Could you explain the link between the two companies, as it's unusual for ALL staff to be made redundant then ALL start the next working day for another company which seems to have links to the previous directors.

Were they given a company policy stating that no private work is to be carried out on the company premises?

At the time it seemed 'wrong' the previous company went into liquidation, the staff were made redundant 'the new company helped them fill out the paperwork for redundancy payments. I have checked on Companies House website, the two former directors are shareholders of the new company, one has now left and the second has been made a director I have the paperwork, they stopped work at the first company on a Friday, moved over the weekend and restated on the Monday, I did not know until this week they still use the e-mail address of the company that has been liquidated!

They have not been given anything about company policy on private work.