Please help, anyone - OH dismissed

pjcee

Thanks, i tried yesterday and gave up as my hedad was spinning all seemed to be about constructive dismissal

pjcee

He has been dismissed, waiting to appeal

CountryGuy

From what I can gather, the breach of trust from an employee can be used to dismiss them.

As they are now using his grade, it would seem the employer feels he cannot trust your oh as he feels he cannot trust him to be a good role model to those below him.

OH looks uses internet at work for his own personal use so he won't stop others from doing so.

CountryGuy

Oh! This might answer your question more clearly.

http://www.capecoastchamber.org.za/index.php?view=article&catid=1:general&id=32:does-breach-of-trust-justify-dismissal&format=pdf

pjcee

But we have a case where a higher grade did something which I think anyone would consider as not being a good role model - earlier posts re sex in office - and was just regraded - surely thy have to apply the sanctions fairly?

Emmzi

pjcee wrote: »

He has been dismissed, waiting to appeal

Well, I'd say he has a reasonable shot at it if that is the only reason for dismissal. Not cast iron, but I can see it going either way, probably a little more on his side as the penalty seems disproprtionate if the offence itself is not GMC.

Personally I'd be giving a written warning and a support plan involving release time for counselling. But that's me, and I don't have to find people to make redundant at the moment...

I would not neccessarily be giving the details of the other case with the more senior manager, just saying "I am aware in other cases a downgrading has been applied" so they know he knows. But that is all I would say in that regard.

pjcee

Thanks CountryGuy, but that was not UK, does anyone know if that is how ET would read this - OH has been working up to last Friday, activity reports showed he did not have any breaches after mid Jan, even though he did not know he was being investigated - they did not tell him until March. they knew he breach 'excessive use' rules in december but did not immediately tell him (which the process says they must) and the more serious activity took place after that.

pjcee

Thanks Emmzi. The Union rep will know best how to use the issue of the other manager - the way it works seems to be a horse trade of previous cases (anonomised) to support or challenge the decision.

My OH has recieved so many offers of support - he was very well liked and respected, and no-one can belived that they decided to kick him out. He is in a key role, supporting to big gov departments, the place will fall like a house of cards without him, noone can work out why on earth they are doing this.

pjcee

Also, at no point did anyone know what OH was doing, he was not overlooked, no one would have known anything if they had not picked up the usage reports. does not make it right, but i am not sure how you cant be arole model if no-one knows you have done anything?

saintjammyswine

TBH you sound like an absolute rock. Meant in the nicest way of course!