Please help, anyone - OH dismissed

Emmzi

nope

but it may be boys protecting boys.. bet the office junior would have been out the door

don't rely on it. they may have all kinds of "mitigating circumstances", and they may simply refuse to discuss

frankly it sounds a vile place to work.

Torry_Quine

pjcee wrote: »

well, that gives me some hope then, as a senior grade to OH was caught in the act, and was only downgraded - so if that was Breach of Trust, it does not automatically mean dismissal.

don't place too much hope on this. Every case is different.

pjcee

Well OH was only one grade below, and a senior grade. There is the possibility they will try to use his grade against him, but this other case is very well known, so if that should have merited dismissal and didnt I dont know what mitigation was used, as OH has quite a lot which was ignored.

And yes it is, appalling. This other person now has ticket to be promoted again. OH hates the was the junior grades are treated, which is why he did not go off sick when he was so stressed, he wanted to make sure they were looked after. What a fool!

pjcee

More advice required please,

We have received the transcript of the discipinary hearing this morning ad it is clear that the issue in this case is my OH grade - that this was not behaviour expected of the grade. The Gross Misconduct issue seems to have been dropped, presumably because they cannot say it was, and they are now just saying that it is a breach of trust. Can anyone help please with the definition of this and if there are any areas in this case that we need to focus on.

If the Occ health report has identified that there mental issues in play at the time, for which my OH is now receiving treatment, and there is a policy in place to treat everyone fairly (does this include grade?), is it reasonalbe to say that trust has irretrivably broken down?

Emmzi

"irretreivabley broken down" says to me "we can no longer work together" = a parting of the ways

"Needs to be rebuilt" = I stuffed up and I am taking steps to ensure you will be able to trust me in the future" = probably kept on

pjcee

Thanks Emmzi, does this mean thay can reasonably say that taking into consideration 32 years unblemished, high performance service, an Occ Health report that says he was not well mentally and using the Internet as a coping mehanism, and that he is seeking help, that there is no way trust can be regained?

CountryGuy

pjcee wrote: »

More advice required please,

We have received the transcript of the discipinary hearing this morning ad it is clear that the issue in this case is my OH grade - that this was not behaviour expected of the grade. The Gross Misconduct issue seems to have been dropped, presumably because they cannot say it was, and they are now just saying that it is a breach of trust. Can anyone help please with the definition of this and if there are any areas in this case that we need to focus on.

If the Occ health report has identified that there mental issues in play at the time, for which my OH is now receiving treatment, and there is a policy in place to treat everyone fairly (does this include grade?), is it reasonalbe to say that trust has irretrivably broken down?

Implied term of mutual trust and confidence

This is implied into every employment contract. The relationship between employer and employee depends upon mutual trust and confidence and the implied term is that neither side will breach that trust. Many constructive dismissal cases are founded on the allegation that the employer has breached this implied term.

http://www.youngandpearce.co.uk/employment-law-guide.htm

Constructive dismissal


Constructive dismissal is when an employee is forced to quit their job against their will because of their employer's conduct. Find out what you can do if you feel that you have to leave your job.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

pjcee

Sorry countryGuy, I dont think i am thinking straight but i still dont understand how it applies the other way around - if an employyed has been dismissed under those terms.

CountryGuy

pjcee wrote: »

Sorry countryGuy, I dont think i am thinking straight but i still dont understand how it applies the other way around - if an employyed has been dismissed under those terms.

I'm still searching lol, bare with me.

Emmzi

pjcee wrote: »

Thanks Emmzi, does this mean thay can reasonably say that taking into consideration 32 years unblemished, high performance service, an Occ Health report that says he was not well mentally and using the Internet as a coping mehanism, and that he is seeking help, that there is no way trust can be regained?

The difficulty here is that it is subjective. They may think it is reasonable. You may think it is not.

Clarify for me - what stage are you at in the proceedings? Is hubby still suspended while they invetigate further?