Disciplinary Help!!!

stephbond89

dmg24 wrote: »

However he can be disciplined for not making the employer aware that he was overly tired (and so risking the health and safety of himself and others), and for not seeking advice on his medication earlier

Could he be dismissed for it- would this be classed as gross misconduct?? x

michelle._4

Legally speaking, it depends on the employment agreement. If its a private employer, he may terminate an employee without specifying any reason or on performance grounds. He may also say that a particular part of the business is not productive and go for a retrenchment.

Taking a nap for 10 minutes cannot be a reason for termination. But it is not advisable to be in bad terms with the employer. So he can write an apology letter/mail to his employer saying that he would not repeat this again. In the meantime please advice your husband to find another job wherein the employer means only business and not discipline.

Many companies have beds and relaxation units which are built for employees to sleep during work, if they feel like. What the company wants at the end of the day is the work assigned to the employee, not what he does at office.

stephbond89

he is a security guard so sleepin on the job is classed as gross misconduct (written in his contract) as he works alone and is meant to be securing the site, so I can of course understand the disciplinary and dont doubt he should be disciplined, but I do think that dismissal would be harsh considering the circumstances of his working hours, having a 7 week old baby at home, and his medication/health issues.

dmg24

stephbond89 wrote: »

Could he be dismissed for it- would this be classed as gross misconduct?? x

It depends - if his actions affect others, be it customers or others in the workplace, it could be classed as gross misconduct. If his actions have no effect on anybody else, it would be a harsh outcome but not outside the realms of possibility.

The thing with any situation like this, is whether the employer wants the employee out or not. If they do, they can go down the health and safety/ personal responsibility route. If they don't, they could look at it as an opportunity to support the employee and assist them in getting suitable help, such as an OH assessment.

MrRedundant

The 11 hours between shifts is actually a popular misconception.
The law states employees are entitled to 11 hours consecutive rest for each working day outwith the exceptions.

It doesn't need to be between shifts although it offers some protection as to time it right for 11 hours is quite hard without it continous between shifts.

In the OP's post I think they are on questionable territory; they knew that there had been a change in their health and that drowsiness and tiredness was becoming an issue and had in my view an obligation to inform the employer.

Whether its gross misconduct in my view depends on the employers business; if its factor work, health work or driving work or similar by not doing so they where potentially risking lives and is clear gross misconduct.

Other employers might see it as lower misconduct but then they could go down an OH route as to whether the OP is fit for work.

no-oneknowsme

stephbond89 wrote: »

I put a post up about my husband a few days ago. He fell asleep in work for 10 minutes and was suspended unpaid pending a disciplinary. Today was the disciplinary and I was some help:

He went in with a written statement outlining the reasons he fell asleep which were a mix of having an 7 week old baby at home who was sick that weekend, working very long hours (without the legal 11 hours between the shifts), and also his medication has begun to make him drowsy (he declared his medication to his employers when he started the job, he is on anti depressants).

As soon as his boss read the part about him been on anti depressants, he said "did you declare these meds?", my husband said of course he did, (which I am sure should be on file somewhere) he then ajourned the disciplianry to go and "read up on something". And told my husband he would phone him either later today or tomorrow!

Now to me, this definitely sounds like he already made his mind up when my husband came into the room- and was planning on firing him outright, but now he is worried we may take him to a tribunal because of the reason been my husbands medication which was declared to the company when he started!

Can my husband be fired because of his medication even though it was declared to the company? Should they not have checked what the medication was and if it would make him unfit to work nights before hiring him?? Surely they cannot fire him for taking the exact same medication he has always taken which was declared simply because they have started to have3 adverse affects on him (which he has now seen a doctor about and is changing his medication to somehting which wont make him drowsy).

I am very worried about this, my husband is the only one of us who works- I had a baby 9 weeks ago now, and was not planning on going back to work until my daughter was at least 9 months old.

Also, I wanted ot know about the time scale it took to get the disciplinary, as far as we were aware it had to take place no later than 7 days after the incident. My husband was suspended at 8am on Tuesday the 16th, 8 days ago...
We thought that if it was any longer than 7 days to the disciplanry and it was seen as historic and no longer could be acted upon?? Though this iM not so sure on.

Another thing...the supervisor who "caught him" asleep, has now claimed that he has warned my husband about sleeping on the job before, which he never has, and he definitely has never had anything recorded abiout it or had a disciplinary, but he is claiming he has warned him before which he's not!!

Any ideas where we stand here???

The Op states that her Husband was suspended without pay...surely this isnt allowed ?

I always believed that any suspension should be paid ?

no-oneknowsme

OP- this info is taken from the businesslink website. Sorry , i cant post links yet but you can google it yourself.

This is what is says re suspension



Suspending an employee while an investigation takes place

For certain serious offences you may need to suspend an employee while you investigate the matter. They should continue to receive their full pay.
You can only suspend an employee without pay if this is allowed in their contract of employment. However, try to avoid unpaid suspension as it may appear to penalise an employee before any disciplinary hearing has taken place.



So , get out your Husbands employment contract and see if it states in there that suspension without pay is allowed.

KiKi

michelle. wrote: »

Legally speaking, it depends on the employment agreement. If its a private employer, he may terminate an employee without specifying any reason...

No they can't, he's been there for more than one year. Given your use of words and spelling on this and other posts it sounds like you're not from the UK and perhaps aren't familiar with UK employment law.

Many companies have beds and relaxation units which are built for employees to sleep during work, if they feel like. What the company wants at the end of the day is the work assigned to the employee, not what he does at office.

Love to know what companies these are; I don't understand the rest of that paragraph.


OP - sounds like your husband is likely to get off with a final warning given that he did inform them of the medication, but let us know what happens, won't you?

KiKi

dmg24

KiKi wrote: »

No they can't, he's been there for more than one year. Given your use of words and spelling on this and other posts it sounds like you're not from the UK and perhaps aren't familiar with UK employment law.




Love to know what companies these are; I don't understand the rest of that paragraph.


OP - sounds like your husband is likely to get off with a final warning given that he did inform them of the medication, but let us know what happens, won't you?

KiKi

I once worked in an office that had a relaxation pod where we were allowed to rest, we also only had to work 40 minutes of each hour and the meeting room had those massive bean bags as chairs. Needless to say the company never made a profit and was dissolved within two years!

marmalize

The law states employees are entitled to 11 hours consecutive rest for each working day outwith the exceptions.

sorry for the hijack...but is the above just for working nights?
i work till 10pm then back at 7 or 8 am4 days a week (split shifts of 7/8am-1pm and 6-10pm)...does the 11 hour rule apply?
thanks