Help please. Husband suspended from work. **Updated**

Spirit_2

The technical advice about employemnt rights and possible constructive dismissal is all good...however OP sometimes it is best to cut your losses, make the best of a bad situation and move on quickly to find another job.

The resignation and reference is probably against their proper procedures and 'less than' a fair dismissal process....however at the end of the fair process on the balance of probabilities your OH would be dismissed.

I would go for the reputation intact option and 'forgo' the nice process.

thistledome

OP, I hope your husband finds another job soon, good luck to you both.

Some of the replies on this thread are scandalous. Be nice to all moneysavers!

stelly

Hi,

Thank you to SarEL for the advice but it is already too late as he has handed in his notice today.

As it could have ended with things being so much worse for him
he feels and I do agree that it is now best to draw a line under the whole mess and leave things in the slightly positive and thankfull situation of at least getting a reference.

I know this outcome (i.e not being fired, not having this on his work record or the police not being involved) will not seem fair or right to some of the previous posters, for me personally i have to admit to being relieved.
I haven't and never will condone what he has done but i have my own family to think about and feed.

Maybe this thread will be have a positive side as a warning for others who steal things from their work and see it as ok because it's "trivial".

Thanks again for all replys.


Stelly xx

Googlewhacker

stelly wrote: »

I know this outcome (i.e not being fired, not having this on his work record or the police not being involved) will not seem fair or right to some of the previous posters, for me personally i have to admit to being relieved.
I haven't and never will condone what he has done but i have my own family to think about and feed.

Maybe this thread will be have a positive side as a warning for others who steal things from their work and see it as ok because it's "trivial".

Thanks again for all replys.


Stelly xx

For most people in my mind the outcome is the correct one as long as you don't try and take them to an ET even though this is your right. (saying that if you do then obviously they could report the theft to the police which would be their counter arguement)

inmypocketnottheirs

Stelly, lets hope he has learned his lesson!

BigPhil

Glad to hear that your husband's apparently previously clean record seems to have counted for something, and his boss seems to have given him an honourable exit. I have to admit to being slightly uncomfortable at the suggestion that there may be mileage in the way that the employer did this in looking at a possible CD claim. Although he does need to be reassured that the promise of a 'good' reference is genuine, this could have ended up far far worse than it has. I can't help but feel that to move on with thanks to his boss would be far more appropriate and dignified response than to look at ways in which the company have sidelined procedure in order to help him out, only to then throw it back at them with a claim for a payout. Such action should surely be reserved for cases of genuine wrongdoing on the employer's part rather than points scoring - or is the best advice to always look towards getting what you can, even when you have admitted stealing from those who trusted you?

eschaton

BigPhil wrote: »

Glad to hear that your husband's apparently previously clean record seems to have counted for something, and his boss seems to have given him an honourable exit. I have to admit to being slightly uncomfortable at the suggestion that there may be mileage in the way that the employer did this in looking at a possible CD claim. Although he does need to be reassured that the promise of a 'good' reference is genuine, this could have ended up far far worse than it has. I can't help but feel that to move on with thanks to his boss would be far more appropriate and dignified response than to look at ways in which the company have sidelined procedure in order to help him out, only to then throw it back at them with a claim for a payout. Such action should surely be reserved for cases of genuine wrongdoing on the employer's part rather than points scoring - or is the best advice to always look towards getting what you can, even when you have admitted stealing from those who trusted you?

Couldn't agree more. Employer could have carried out disciplinary process and sacked him for GM. And possibly prosecute, packet of crisps or a TV, it's the same thing.

TwistedPsycho

It's good to hear stelly that although it was not the ideal outcome (which would obviously be a slap on the wrist a "naughty boy lecture" and back to work) it is one that can help you beck on track relatively quickly. My wife was given the same ultimatum by her employer about 2 months ago as she accumulated 3 strikes over 3 years for relatviely minor offences. She got an okay reference and appears to be much happier where she is working now in an industry that is very picky (nursery schools).

The world is an evil place, however reflection will show you that you are strong enough to bounce back....

CFC

SarEl wrote: »

I do not suppose that the option was made in writing or in front of a witness? Because I am not getting involved in the whole stealing right or wrong debate again. But what the manager has proposed is definitely wrong and unlawful. This is constructive unfair dismissal, and if you can prove the options offered, is a strong case (and there aren't many of the - usually due to lack of proof). The manager cannot say that he will be dismissed after a week - that is pre-judging the disciplinary hearing. He has been given the "option of resigning" not because they are nice people but because they are not certain that they will get a fair dismissal out of this and want to avoid a claim of unfair dismissal.

I think you are misreading this on two levels Sar el. There are still managers in the world who are decent people and don't want to see someone completely ruined for doing something stupid who doesn't deserve that level of ruin, rather than 'backing down because they are on a loser'.

I myself in a similar type situation have told a trusted junior manager that if he/she wants to drop this kind of choice hint to the employee then to do so, but I will never say it myself - because I am the person who would actually hold the hearing and therefore nobody will be able to say that I have prejudged the situation without having heard all the facts in the hearing.


The fact is that if the company dismiss on theft (and most do) then that is what they do unless there are very significant mitigating factors or a history of inconsistent outcomes in the company; he has been given quite honestly the best possible outcome on this providing the company do not mention he was suspended when he resigned. There is a slight risk of this, it depends on the level of knowledge of their own HR policies by the manager. Often these days though a reference generated by HR will just consist of start date, end date, salary, job title, and reason for leaving as it avoids any potentially risky areas.

Uncertain

CFC wrote: »

I think you are misreading this on two levels Sar el. There are still managers in the world who are decent people and don't want to see someone completely ruined for doing something stupid who doesn't deserve that level of ruin, rather than 'backing down because they are on a loser'.

I myself in a similar type situation have told a trusted junior manager that if he/she wants to drop this kind of choice hint to the employee then to do so, but I will never say it myself - because I am the person who would actually hold the hearing and therefore nobody will be able to say that I have prejudged the situation without having heard all the facts in the hearing.


The fact is that if the company dismiss on theft (and most do) then that is what they do unless there are very significant mitigating factors or a history of inconsistent outcomes in the company; he has been given quite honestly the best possible outcome on this providing the company do not mention he was suspended when he resigned. There is a slight risk of this, it depends on the level of knowledge of their own HR policies by the manager. Often these days though a reference generated by HR will just consist of start date, end date, salary, job title, and reason for leaving as it avoids any potentially risky areas.

I think SarEl was just pointing out the legal position (correctly) and, unlike most poster on this thread (forum come to that), not making moral judgements.

From the OP's point of view this all comes down to whether the firm will honour their offer to provide a good reference. Maybe they will - who knows but I suspect he has no proof.

In my view the OP needs to test this well within the 3 month limit for bringing a constructive unfair dismissal claim. If he can prove that he was pressured into resigning in this way then he has a good chance of winning. I wouldn't expect him to get much in the way of compensation but it should be possible to get a legally binding reference agreement as part of a settlement.

Your second paragraph is a perfect example of how not to handle something however good your intentions may be. Sooner or later it will come back to bite you.