Advice please for a friend facing disciplinary hearing

Broadstone

Ok he has accused someone of being a Class A drug addict at work It was put in the public domain by various people (including a friend of this person at work) so a lot of people know.


Again should he resign and offer his 4-week notice ?



I don't know wot other info I can give so please help.


BTW the police r not involved. I don't think they would be interested anyway !

DandelionPatrol

If there are H&S issues related to the alleged drug use, he should stay and fight it IMO. Otherwise it looks like he complained out of malice and he is resigning because he was called on it. As long as he did not make more of it than he had evidence for.

If there are reputational issues for the company, rather than H&S, IMO the threshold for reporting is higher, but as long as the grounds for reporting are good and it is genuinely serious enough to report I think he should stay and fight it

If there are no H&S or company reputational issues - ie he was just busybodying, perhaps he should resign.

Broadstone

I ask repeatedly should he just give his 4-week notice, resign, etc. He is not after a fight; just an easy life. Please advise.


Thanks

pathtofreedom

Is he a member of a union? If not might be worth talking to acas, or seeing if he has any legal cover as part of any insurance policies just to have a chat with an employment solicitor? Just so you can get some specific more detailed advice then.

I suppose if he just wants to leave and retire, and forget about work all together though then it doesn't matter either way.

DandelionPatrol

Broadstone wrote: »

I ask repeatedly should he just give his 4-week notice, resign, etc. He is not after a fight; just an easy life. Please advise.


Thanks

After making an accusation of Class A drug use, he should not expect to both have an easy life and come away with his reputation intact.

robatwork

If he has evidence of this person using class A drugs, then it's a different situation to if he was on a "diabetic low" (or whatever reason) and sent this email to a 3rd party without evidence, just bandying about accusations.

Northampton isn't without its drug problems.

tomtontom

Have you contemplated apologising to the person you have accused? You only seem bothered about you (sorry, your friend!).

stephenliverpool1

OP...Please ignore most of the rubbish that has been posted before.


My best friend is a HR director. She advised me his/her modus operandi (i.e. Resign, send a letter rather than going to disciplinary hearing, etc.) will work fine as long as your friend has reported the offence to the police and other people are aware of the alleged discretion rather than just you. I assume there are other people other than your friend that are aware.


He/she has nothing to be worried about according to my HR friend.


Get on with life and not worry about such rubbish.


I should know as I had a friend that had a problem with drugs so I have little sympathy with such people.

sangie595

stephenliverpool1 wrote: »

OP...Please ignore most of the rubbish that has been posted before.


My best friend is a HR director. She advised me his/her modus operandi (i.e. Resign, send a letter rather than going to disciplinary hearing, etc.) will work fine as long as your friend has reported the offence to the police and other people are aware of the alleged discretion rather than just you. I assume there are other people other than your friend that are aware.


He/she has nothing to be worried about according to my HR friend.


Get on with life and not worry about such rubbish.


I should know as I had a friend that had a problem with drugs so I have little sympathy with such people.

Where on earth did this rubbish come from? The OP's "friend" has been accused of harassment - and his defence is that he was ill. Not that it was true! There is absolutely nothing at all to suggest that the allegation is true. And everything to suggest that it isn't, otherwise he would not be facing a disciplinary for harassment. And since it appears that his emailed allegations have circulated the company, I think it's fairly obvious that everyone knows what he has alleged. But by all means, he should also send an email to the police full of unfounded allegations - that would certainly up the ante. That would certainly make it a form of harassment that is actionable - as is wasting police time.

Did you and your HR friend even read the thread?

jobbingmusician

OK, let's work with what we have got.

Your friend doesn't need a reference. And I really don't see what difference it will make to him, if he's retiring, whether he is sacked or resigns.

Surely, then, the best outcome for him is to be employed for as long as possible, to attend the disciplinary hearing, and take the chance that he will be dismissed? Because there is also the chance that he might NOT be dismissed, and he has the power to put forward arguments in his own defence. Even if he IS dismissed, he would not necessarily lose his notice payment, and would still be entitled to be paid for accrued holiday.