Gross Misconduct vs Resigned pending disciplinary hearing

marybelle01

lulu650 wrote: »

Hi OP, hopefully there will be other posters chipping in, but there might be an opportunity for a settlement or compromise agreement here. This to be raised before the disciplinary.

Within this agreement could be a tax free pay in lieu notice and, most importantly, an agreed reference.

Personally I feel it would be unfair to dismiss you, but clearly the company feel it's good name is being put in disrepute. From your post I think the company could dismiss you for SOSR (some other substantive reason)

With a legally binding agreement confidentiality will be maintained. Whilst you cannot go to an ET, there is nothing to stop you going to the press with your story. I'm not suggesting you will, but the company do not know what you will do.

Really? The employer doesn't know they won't go to the press? I do, and so do they. If any press are even remotely interested in this, it will only be the sort who will want permission to print the offending photos to illustrate their story about the "former !!!!!! queen sacked for nudies". I suspect that isn't the "coverage" the OP is looking for, and certainly is more likely to stick in the mind of potential employers than anything else. To say nothing of her neighbours, relatives.... kids??? I would suggest that issuing threats to an employer is best done when you have a leg to stand on.

lulu650

marybelle01 wrote: »

.....I would suggest that issuing threats to an employer is best done when you have a leg to stand on.

Who is suggesting threats??

Given that the OP is suspended suggests the company are looking at dismissal. I'm looking at exploring other avenues for the way forwards. Can you offer any advice for the OP?

marybelle01

lulu650 wrote: »

Who is suggesting threats??

Given that the OP is suspended suggests the company are looking at dismissal. I'm looking at exploring other avenues for the way forwards. Can you offer any advice for the OP?

Suggesting you will go to the papers is a threat. The employer is under no legal obligation to even fairly dismiss - with less than two years employment the OP can simply be shown the door. I can see absolutely no reason for the employer to wish to make a settlement because they can dismiss with impunity.

And I have the OP two lots of advice prior to your post. I am now giving them a third piece - don't try threatening or even hinting at a threat, or things could get a lot worse.

SueC_2

I'm no legal eagle so can't offer an educated view on where you stand with this, even though to me it seems madness for you to be dismissed for something you legally did almost 20 years prior to your employment. I don't even really see why they should have expected you to declare it so far down the line.

Setting that aside though, if your employer are bothered about that, they might also be bothered by the fact that you've named them in this post - so I'd suggest removing that fairly swifty.

I'm not sure if you're using your real name as your username, but if so, I'd be changing that pretty quickly too, as you may find their investigations trawling the net for 'evidence' will turn up this thread and add fuel to their fire.

Funky_Bold_Ribena

marybelle01 wrote: »

Personally OP, I would google Redundancy Forum and go ask the lawyer there for her advice. She's somewhat more "worldly" and would give you an honest answer not just a legal one.

To be honest, this is the only bit of advice you need...she will tell you what exactly you need to know.

Takeaway_Addict

Very harsh if they dismiss but it sounds like the client is getting ancy about it for no apparent reason.

BobQ

One option is to resign now and not attend the disciplinary hearing. Most firms will see this as a win and are unlikely to say anything about it if asked for a reference. Although you could ask for such an agreement before resigning.

I think it was a mistake admitting that the photos were even you. Twenty years ago you must have looked different. But that is done.

However, how certain is it that you will be dismissed? This is not gross misconduct I would suggest and I am not sure its even misconduct. Have you read the firm's disciplinary process? How have you breached their rules? The employer's code you agreed to surely only refers to conflicts of interest since you joined. What you did was not illegal and was a long time ago. Were you ever asked to declare things like past behaviour/work at the time you joined the firm? Did you actually lie about your employment history? If not I would attend the hearing and argue your case politely in a calm and logical manner. Explain that this was a long time ago and you regret doing it, but never expected this to arise all these years later. Had it been more recent you would appreciate why they were concerned. Labour the point that you have told nobody about what you did so the client raising it is basically someone who peruses those sorts of websites which is hardly a good image for his firm.

Had you been there for two years they would not have a good case for dismissal I suggest, so the question now is are they just looking for an excuse to get rid of you or just trying to assess what is fair in the circumstances. It may be when they initiated it they did not have a clear idea of the timescales in which you were doing this?

I assume you are not a member of a union. But remember that you are entitled in law to be accompanied to the hearing by a work colleague and they should have told you this. I would take someone along to help you present your case. There is guidance on the ACAS website about this.

BTW if you do lose the job I would write to the client's firm highlighting what a sleeze they employ.

pinkshoes

Deny it and say it's just someone that looks a bit like you.

It was 20 years ago, so very unfair if they dismiss you.

I'd be more worried about the pervert that recognised you. Is he married and does his wife know?

ohreally

The purpose of a disciplinary is not to punish yet is appears this is what your employer is looking to use it for.

BobQ

pinkshoes wrote: »

Deny it and say it's just someone that looks a bit like you.

It was 20 years ago, so very unfair if they dismiss you.

I'd be more worried about the pervert that recognised you. Is he married and does his wife know?

I would agree, but the OP has already confessed that its her to her employer.