We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
dismissed on false gross mis-conduct allegations
podrek
Posts: 7 Forumite
My partner has been working in same job for just under 4 years. Up until a few weeks ago she never took sick leave or received any complaints. Yearly appraisals were excellent and she was good at her job as co-house-manager caring for vulnerable adults.
A few weeks ago she was advised by her general manager to put in a complaint against two co-workers one in HR and her co-manager for bullying in the workplace. She also asked him if their was 'institutionalised bullying' present within the company.
She put in the complaint just after her appraisal, which went well and area manager told her that they were looking into a bigger care home and she would be the ideal candidate to manage it. When she finally received her appraisal it was now showing she was incapable of doing her job.
She then received a letter advising her that she was incapable of doing her job in many areas and a meeting was required, this came as a complete shock, she took her first sick day. The meeting was an interogation by her new area manager saying she was incapable of doing her job and just shouted at her for 40mins, she never had chance to defend herself. She got home that night and was curled up on bedroom floor in a total mess saying, 'my god that man really hates me, hes going to put me in prison'.
After that more spurious complaints came.
Two weeks ago she was suspended from work for allegedly saying the 'f' word to one of the employees she originally made a complaint against over the phone. My partner denies using any foul language, the area manager says he managed to get a confession out of her but this is another lie from management.
My partner went to her GP for stress and anxiety and immediatly put her on sick leave and booked her for councelling.
How is it that one hard working and honest employer suddenly finds herself in this position where here employer gangs up and destroys ones future employment prospects and life. She has now been dismissed on grounds of gross misconduct whilst being on her first week of sick leave and missing the appeal meeting.
A few weeks ago she was advised by her general manager to put in a complaint against two co-workers one in HR and her co-manager for bullying in the workplace. She also asked him if their was 'institutionalised bullying' present within the company.
She put in the complaint just after her appraisal, which went well and area manager told her that they were looking into a bigger care home and she would be the ideal candidate to manage it. When she finally received her appraisal it was now showing she was incapable of doing her job.
She then received a letter advising her that she was incapable of doing her job in many areas and a meeting was required, this came as a complete shock, she took her first sick day. The meeting was an interogation by her new area manager saying she was incapable of doing her job and just shouted at her for 40mins, she never had chance to defend herself. She got home that night and was curled up on bedroom floor in a total mess saying, 'my god that man really hates me, hes going to put me in prison'.
After that more spurious complaints came.
Two weeks ago she was suspended from work for allegedly saying the 'f' word to one of the employees she originally made a complaint against over the phone. My partner denies using any foul language, the area manager says he managed to get a confession out of her but this is another lie from management.
My partner went to her GP for stress and anxiety and immediatly put her on sick leave and booked her for councelling.
How is it that one hard working and honest employer suddenly finds herself in this position where here employer gangs up and destroys ones future employment prospects and life. She has now been dismissed on grounds of gross misconduct whilst being on her first week of sick leave and missing the appeal meeting.
0
Comments
-
Was she actually invited to a disciplinary hearing? You mention an investigation meeting, but not disciplinary hearing. They can't sack her for gross misconduct unless one was conduted, and conducted under strick rule, ie. the person leading the disciplinary can't be the same person that did the investigation. They should be impartial. Did this happen?
Assuming it did, she can still appeal the decision. Has she done so?
Finally, if she really believes that the whole dismissal took place as a result of her complaint (I didn't really get why she did file a complaint if she didn't really have a reason to, but that's another matter), then she should blow the whistle higher up, ie. with the Chief Executive or Chairman of the company.0 -
the disciplinary hearing was due with the deputy chairman last week but shes so traumatised by the events and really cannot face a hearing just yet. Her employer was sent sick note from GP and were advised she would be unable to attend the meeting. following day she received letter of dismissal for gross-misconduct. Previous employers including her once area manager was forced to tears by the bullying at the headquarters and she too was forced to resign. The case is now with a solicitor and believe the company has not followed employment law and this is a deliberate attempt to dismiss her since she put in the complaints. I cannot see how she could go back to a job where the bullying will still continue. Their is a two year waiting list for counselling here and she has one booked for next week, so you can imagine who this whole process has effected her. HR asked one of her work collegues to resign a while back and the deputy co-manager had been telling vulnerable adults that she was going to get my partner sacked, the whole hierarchy is corrupt!0
-
Sorry, I'm finding it difficult to remain on track here. Has she been dismissed or not?
If there was a complaint to be raised, why did she allow someone else to manipulate her into doing so?Don’t be a can’t, be a can.0 -
yes she is dismissed...it was someone she thought she trusted (The general Manager) within the organisation. She was just standing up against the bullies only to find herself the victim. In hind-sight we should have seen this coming.0
-
currently were in limbo, she has no income Im on low income (self-employed and work will soon run out), she is unable to move forward until there is some sort of resolution. The solictor is looking for an out of court settlement as he believes the employer would not want to take this as far as tribunal. How long does the process usually take?0
-
currently were in limbo, she has no income Im on low income (self-employed and work will soon run out), she is unable to move forward until there is some sort of resolution. The solictor is looking for an out of court settlement as he believes the employer would not want to take this as far as tribunal. How long does the process usually take?
It can take a very long time - some employers won't settle, and some will take a settlement to the wire and only settle in the period immediately before a tribunal hearing (sometimes on the day itself).
On what basis is the solicitor representing you? If is no win, no fee, are you aware that many of these agreements do not define a settlement out of court as a win, and fees will be charged from any settlement? Some people have ended up owing more than they get!
Given the situation that you describe, she cannot afford to wait for a resolution before "moving on". If the employer refuses to settle, you must make a tribunal claim within three months less a day of the dismissal. There will then be ACAS mediation which is now compulsory (and free - they would have explored the possibility of a settlement during this without any cost to you), and only then can you get to a tribunal. Depending on waiting lists in your area, it could be months before you get a tribunal - if the employer is good at playing the system, it could be a lot longer than that. Employers are in a strong position to play the long game because they know that a lot of claimants won't be able to afford to do so and are likely to drop out of proceedings; or must get another job, which limits the likely award, assuming that one wins of course.0 -
Was she actually invited to a disciplinary hearing? You mention an investigation meeting, but not disciplinary hearing. They can't sack her for gross misconduct unless one was conduted, and conducted under strick rule, ie. the person leading the disciplinary can't be the same person that did the investigation. They should be impartial. Did this happen?
Well they can, it seems they have!
What you mean is they may have left themselves open to legal challenge.
Keep in mind there are no longer statutory procedures that must be followed, only guidelines. Yes, they need to have conducted a fair process and the easiest way to do that is to follow the ACAS guidelines. However, it is not the only way and the days of automatic awards for failing to follow the "letter of the law" (as it once was) are long gone.
All that actually matters is whether the employer had a reasonable belief that the alleged gross misconduct took place and, if so, if dismissal is within the range of reasonable responses.
It is also worth noting that should it later be proved that the employee was "innocent" that in itself doesn't make the dismissal unfair. All that matters is whether the employers belief was reasonable at the time.0 -
As you say, whatever the out come she will not be able to return to the job.
As a solicitor is involved and is dealing with the legal aspect the immediate need is to sort out your finances.
You wife needs to put in a claim for contribution based ESA. She will need to have letters from the solicitors to advise that her dismissal for gross misconduct is being treated as unfair dismissal as otherwise the JSA may be sanctioned. So get this started asap.
You may be eligible for other benefits so put your details into the calculator on https://www.entitledto.co.uk to see if you are eligible for other help.0 -
A few weeks ago she was advised by her general manager to put in a complaint against two co-workers one in HR and her co-manager for bullying in the workplace. She also asked him if their was 'institutionalised bullying' present within the company.
why was she advised to do this? was she being bullied? Surely this was HER decision to make? Why did her general manager not make the complaint?
Was this the same General manager that is dealing with the dismissal??
Sounds odd.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards