Disciplinary Help!!!

Savvy_Sue

stephbond89 wrote: »

he has been on it since feb 2007, a yr before he started with the firm. He was never made aware of the side affects by his doctor until he went to see the doc the day after the incident when he told him the drug is infact a frowsy making drug.

as dmg says:

dmg24 wrote: »

(with each prescription he would have had a leaflet detailing the possible side effects, so if he was not aware that is due to his own negligence).

even with a repeat prescription, it's important to read the patient information leaflet that comes with any drug.

michelle. wrote: »

Taking a nap for 10 minutes cannot be a reason for termination.

yes it can.

michelle. wrote: »

Many companies have beds and relaxation units which are built for employees to sleep during work, if they feel like.

:rotfl: do name some!

stephbond89

MrRedundant wrote: »

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.
.

I don't understand sorry- do you mean that the hours my husband worked are ok to be done?? If you could just clarify this for me? Thanks

Ok, as for the contract, it doesnt say "you will not be paid whilst deallocated frmo your shifts" but does say that in gross misconduct cases it will usually result in summary dismissal without notice or payment in lieu of notice?? Anyone who knows anmything about contracts know if nthis means he should actually be paid whilst suspended???

Fiddlestick

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.

I think what you mean is that the employer cannot terminate the employee *without notice* whenever they like, nor can they terminate for reasons that would be discriminatory (i.e. the employee is black, jewish, pregnant, or is a black pregnant jew )

An employer is perfectly entitled to tell an employee that their services are no longer required and serve them with their notice as laid down in their contract.

SandC

The working hours are certainly relevant, as is his declaration of he medication he was taking. It may be that this will result in final written warning instead of dismissal because of these.

I'm glad someone brought up the suspension issue and pay as I too thought that you should be paid. This too should be brought up and dealt with whatever the outcome. Edited* I see you've looked at contract. He hasn't been dismissed, he has been suspended so if that's all it says then yes, he should still be being paid.

As for the 7 week old baby - I would drop that as being relevant as whilst it is part of the reason he fell asleep it is up to the employee to ensure they are fit for the job - ie can remain awake and having a baby quite frankly is more reason for a person working days to fall asleep than one working nights! Whilst many employers will make allowances for changes in personal circumstances once in a while it doesn't sound like his will take it into consideration.

stephbond89

Does anyone maybe have any idea why his boss may have ajourned the meeting when he realised my husband was on medication- as it seemed as though he had realised if he fired him, he'd be in trouble for unfair dismissal and wanted legal advice...also we have no idea when he will get back in touch, my husband has tried contacting him this afternoon to see if he has any idea on a time scale (afterall we're out of pocket every night he misses from work and he cannot claim benefits or look for another job until he is officially fired. And each day longer, is another day closer to christmas closing of the Government offices meaning benefits would be held up even longer (meaning our bills will go unpaid!).

Its been 8 days since the incident as it is. My husband has lost 4 shifts (thats £280!) already. He is due on another shift tomorrow evening, so any longer and its going to be another £70 lost! Is there no maximum time there can be between an incident and disciplinary action?

HO87

Beds and relaxation units? What next? Conjugal visits for night shift workers?

As for suspension it is permissible for this to be unpaid provided it is specified in the written terms and conditions and that it is for a limited period (usually 7 or 10 days). Where there are no contractual grounds for unpaid suspension then the contract continues unabated and the employee must be paid (there is case law to support this: Four Seasons Healthcare Ltd -v- Maughan, 2005).

MrRedundant

stephbond89 wrote: »

I don't understand sorry- do you mean that the hours my husband worked are ok to be done?? If you could just clarify this for me? Thanks

Ok, as for the contract, it doesnt say "you will not be paid whilst deallocated frmo your shifts" but does say that in gross misconduct cases it will usually result in summary dismissal without notice or payment in lieu of notice?? Anyone who knows anmything about contracts know if nthis means he should actually be paid whilst suspended???

Have you posted your husbands hours? I can't see them anywhere.
If you can post the shifts he works we can check. Just because they don't have 11 hours between isnt automatically wrong - it may be.

I would say this term probably allows them to not pay him as he is "deallocated" from shift by way of suspension. Its probably sticky ground if they dont have a case for dismissal though.

stephbond89

Thank you!!! My husband asked his boss if he could possibly have Holidays for the week he would miss in work (not realising he HAD to be paid) and he got this reply:

"as for the matter of paid holidays I cannot process you for holiday pay whilst you are de allocated shifts as the office (I think here he means offence!) is Gross Misconduct and a possible outcome for the disciplinary could be termination of your employment with *******"

Errata

stephbond89 wrote: »

he has been on it since feb 2007, a yr before he started with the firm. He was never made aware of the side affects by his doctor until he went to see the doc the day after the incident when he told him the drug is infact a frowsy making drug.

He told his doc he was on medication for anti depressants and gave them the name of the pills and his dosage...they didnt ask him any questions about them or his illness. Just hired him and put him onto night work.

OP - this must be a very worrying time for you. In order to support your OH best you and he need to be as sure of the facts as possible.
Medication has a patient information leaflet in the packet listing all the possible side effects. During the nearly four years of being prescribed anti depressants, has there never, ever been a PIL in any of the packets?

stephbond89

Working Hours:

(He works a two week rota)
Monday: 5pm to 8am
Tuesday: 5pm to 8am
Wednesday: off
Thursday: off
Friday: 5pm-7am
Saturday: 7pm- 7am
Sunday: 7pm- 7am
Monday: off
Tuesday: Off
Wednesday: 5pm-8am
Thursday: 5pm-8am
Friday: off
Saturday: 7am-7pm
Sunday: 7am-7pm

And then back to Monday 5pm-8am.