Partner dismissed - am in despair

SarEl

User_Bob wrote: »

Personally, I would advise him to throw himself on his sword. Agree he doesnt want a Tribunal, is willing to sign a CA not to take it further..

And why would there be a tribunal (BTW - the RM has in-house lawyers! So no cost to them)? He is bang to rights on drug taking and theratening behaviour at work - make a tribunal claim and I would bet on costs being awarded. How much more vaxatious could you get than "utterly guilty but I think I'll make a tribunal claim anyway"?

custardy

SarEl wrote: »

And why would there be a tribunal (BTW - the RM has in-house lawyers! So no cost to them)? He is bang to rights on drug taking and theratening behaviour at work - make a tribunal claim and I would bet on costs being awarded. How much more vaxatious could you get than "utterly guilty but I think I'll make a tribunal claim anyway"?

and the union wouldnt touch a case like that
they only take at least a 50/50 chance of a win

SarEl

custardy wrote: »

and the union wouldnt touch a case like that
they only take at least a 50/50 chance of a win

52% chance or winning. or possible case law precedent. They are clients!

User_Bob

Agree.............but there is case law that "addiction" is an illness......so possibly into the whole gamut of Sickness/ Disability

SarEl

User_Bob wrote: »

Agree.............but there is case law that "addiction" is an illness......so possibly into the whole gamut of Sickness/ Disability

Nope - addictions are "self-inflicted" and specifically excluded from the Equality Act. As they also were from the DDA.

custardy

User_Bob wrote: »

Agree.............but there is case law that "addiction" is an illness......so possibly into the whole gamut of Sickness/ Disability

and RM have procedures and support mechanisms in place for that(and luckily for many!)
however closing the door after the horse has bolted isnt so good

warez22

He doesnt stand a chance in hell. I know that and he knows that and lets me honest, rightly so.

He has spoken to his union who says the same and our legal expenses insurance through our household policy.

The only thing I am hoping for is that they will agree to give him something along the lines of 'he worked for RM from then to then'.

His hearing is this Friday so I will let you know what happened. But it aint going to be good.

User_Bob

I just know from experience that some of those "sob story", issues which effectively amount to "capability" dismissals can get murky at times.

The agression isnt defensible but can get bulled up as an inevitable outcome of the symptoms of his "illness".

Dnt get me wrong, I havent got any sympathy with this guy, but if he can move on........then that only a positive. And maybe the shock of what has happened can make him look for help, and if his Employer and his Union can help (without any court case threat looming) then that's a good thing

warez22

He has actually been drug free and is suffering from some pretty horrible side effects but is sticking with it.

He has been to the Doctors twice and he is now on medication through the Doctor so I do think he has realised what a ***** he has been.:(

duchy

I'm really glad you've taken advice.
Yes tomorrow will likely be horrible -but like most things the anticipation and not knowing is often worse than the actual event. Once tomorrow is over you can start moving forward .
With the pressure of the last week he's doing well staying clean-it's a really positive thing and bodes well for your future as a family. Hang on in there !