Discliplinary gross misconduct or misconduct

dandelionclock30

I dont think she will be dismissed, if I were her I would offer to pay the money the company have lost as a goodwill gesture whilst apologising.They wont take it but its a good offer to make.

t0rt0ise

dandelionclock30 wrote: »

I dont think she will be dismissed, if I were her I would offer to pay the money the company have lost as a goodwill gesture whilst apologising.They wont take it but its a good offer to make.

The company should be able to reclaim the money anyway so no need for this.

SarEl

employmentmadjonno wrote: »

there's no dispute she made the mistake

Well I would. Stopping somebodys wages payment before a disciplinary has taken place? Smacks somewhat of "foregone conclusion" - which is unfair dismissal.

Savvy_Sue

SarEl wrote: »

Well I would. Stopping somebodys wages payment before a disciplinary has taken place? Smacks somewhat of "foregone conclusion" - which is unfair dismissal.

I'm with SarEl ... unless it was 'normal' to 'stop' and 'start' people's wages at short notice, I'd say that it was perfectly reasonable to wait until the outcome of the disciplinary was known before stopping wages.

CFC

SarEl wrote: »

Well I would. Stopping somebodys wages payment before a disciplinary has taken place? Smacks somewhat of "foregone conclusion" - which is unfair dismissal.

Could be a NSNC disciplinary SarEl - in which case it's not unusual.

Are you suggesting OP's wife says as a defence that she deliberately did not send the letter/form in case it was seen as prejudging the issue, when she actually forgot to follow the company process? I am certain you don't mean to imply that.

paddyrg

She ballsed up. People do. The world is imperfect, bigger mistakes are being made every day at the very same company, I am sure. If she is straightforward and honest 'I forgot', and points to 10 years spotless record and excellent service, it would take a very obtuse investigation to even consider using it as a sacking point. I imagine she will have it noted on her record and may find her Christmas bonus lower this year, but from what you say above, it is hardly the crime of the decade.

SarEl

CFC wrote: »

Could be a NSNC disciplinary SarEl - in which case it's not unusual.

Are you suggesting OP's wife says as a defence that she deliberately did not send the letter/form in case it was seen as prejudging the issue, when she actually forgot to follow the company process? I am certain you don't mean to imply that.

No - I am suggesting that if the person dismissed found this out then it would be grounds to claim unfair dismissal. Stopping a wage is a strong indicator of a foregone conclusion. If there was time to reinstate the wage before payment was due, there was also time to stop it after a decision had been made.

Hammyman

I wouldn't sack a 10 year employee with a good record for that. I'd give them a good bollocking but I don't think I'd even take it as far as a disciplinary other than for the purposes of giving a good bollocking. Its just daft to sack someone for what is human error.

I expect the investigation is just to establish if it were done deliberately, i.e there is a relationship between the manager and the terminated employee. Once that has been sorted, go into the disciplinary, eat a lot of humble pie coated with "Yes sir, sorry sir, won't happen again sir" and you're good to go.