Help!

pabinlove

Ok this is a long one, my hubby got dissmissed for gross misscoduct 3 weeks ago in this time hes has appealed and managed to get a new job, well today he went to the new job for induction and to sign the contract ect and was just happy to move on as we should have had the reply to the appeal on fri but if he tryed to make contact that keep saying they need more time well today they phoned to say they are revoking the dissmial and give and final warning insted and he need to go in tomorrow for a back to work meeting no sorry for putting you though hell.
so what do we do now? it looks like no matter with job he goes for its going to be in breach of contract?
Help please

CFC

1) There would be no apology, your husband was guilty of some serious wrongdoing although the company decided in the end not to sack him for it.
2) Which job does he prefer? It doesn't really matter about the breach of contract, unless your husband is a high flyer or in a tremendously specialised role , or has cost them a lot of money in some particular way - which seems unlikely from your post - no employer will cause any fuss about leaving immediately.
3) Bear in mind that a reference from the old job may well say he left while on a final written warning, if he hasn't told his new employers about the situation he should consider doing so.

zzzLazyDaisy

As the above poster says - forget breach of contract - it is a non-issue.

The question is - would he prefer to continue working for the previous employer, or, would he prefer to make a fresh start with the new employer?

Remember that if he goes back to the old employer, the legal position is that the dismissal has disappeared, so he goes back with his full length of service and all rights intact. He is also entitled to be paid for the time between the dismissal and the reinstatement, as the legal position is now that he is and always was an employee and should be paid for the time he was unable to work owing to the employer's decision which has now been retracted (whether they will actually pay up without a lot of hassle is another thing). The down side is that he is on a final written warning, so one more disciplinary and he will be out of the door without a leg to stand on. IF the only reason the dismissal was retracted is that they have been advised that they may lose in tribunal, then the is a high probability that they will be watching for a reason to get him again and do the job properly this time. (I am a cynic, and it is equally possible that they have genuinely come to the conclusion that dismissal was too harsh and are prepared to welcome him back and put the past behind them).

If he goes to the new employer, there are of course few employment rights in the first year (soon to become two years if this government have their way) so he could be dismissed for any reason or no reason at all, provided the dismissal doesn't breach the equality/discrimination laws.

If he is thinking of going to the new employer, I think I would ask for a meeting and explain that he was dismissed from his previous post, but that his previous employer has now retracted the dismissal and invited him to go back and work for them. Without badmouthing the previous employer he should explain that he is excited and enthusiastic about the new job and although he appreciates the gesture by the old employer, he still wishes to accept the job with the new employer, but that in fairness he felt he should be open and upfront. Hopefully the new employer will appreciate his honesty - but if they do withdraw the job offer, he still has time to accept his old job back.

If the new employer confirms the job offer, all he needs to do is to write and thank the old employer for their integrity in reversing the earlier decision to dismiss him, but on balance he feels that the trust and confidence that is essential to the working relationship has irretrievably broken down, and in the circumstances he is unable to accept their offer of reinstatement.

But he needs to move quickly.

Good luck!

scheming_gypsy

As he's been to the induction I'm guessing he's started the new job, the main question he'd need to answer is whether he feels he can return to that job (suspended, investigated, fired for gross misconduct, reinstated) or whether he wants to start from fresh and put it behind him.
If he'd prefer to stay in the new job I couldn't see any harm in him telling his previous employers that he appreciates the outcome but feels he can't return, and to ask if they can come to a compromise where he leaves with a reference and the issue is scratched from his record... (although if it's not possible somebody will confirm it soon.....)

zzzLazyDaisy

scheming_gypsy wrote: »

I couldn't see any harm in him telling his previous employers that he appreciates the outcome but feels he can't return, and to ask if they can come to a compromise where he leaves with a reference and the issue is scratched from his record... (although if it's not possible somebody will confirm it soon.....)

Anything is possible by agreement.

If an employer chooses to give a reference it must be factual, honest, and fair, and must not mislead.

Agreeing the form of a written reference is a normal part of negotiations when dealing with compromise agreements (ie the only legal way of terminating an employment and ensuring that the matter doesn't go to tribunal).