The likely outcome is dismissal

chancesare_2

My neighbour is a graphics designer, he works for a local company full time.

On Friday he arrived at work to be handed a letter giving him notice of Temporary Suspension on the basis of Gross Misconduct. He was suspended on full pay. The allegation is "mis use of company property" it is alleged he printed a personal graphic. He did, it was something he designed at home and wanted a print of for his portfolio. He admitted it, explained and was led to his desk and escorted out of the office.

The TS letter explained he would be called to a hearing in due course. The hearing came yesterday by means of a text from his boss (the MD).

It said he was invited to the disciplinary hearing on Tuesday at 11am and it goes on to say "we have concluded our investigations into the Gross Misconduct regarding Section 20 breaches and invite you to a disciplinary meeting [date time]. The likely outcome of this is dismissal"

Naturally he is gutted that he did something so silly in using the printer and has an otherwise exemplary record at the firm, he's been there for 3 years.

I used to work in Contracts Law hence why he's come over to ask my advice, but this is way out of my depth. Should he just resign, or go to the meeting where it seems he's already been deemed guilty....anyone any ideas.

custardy

Well he is guilty. Clear cut and with admission.
3 years clean service. If he wants to stay then its time to apologise and hope for a level of warning (I think final warning is best they can hope for)

74jax

What is the reasoning behind him resigning?

The letter is stating a likely outcome from GM is dismissal. It will say this in his policy and procedures too. Doesn't mean it will be.

agrinnall

While he's guilty of what they say he did GM seems an overreaction for using a printer for a personal item - was it one page or many? I'm guessing he's not in a union otherwise he'd probably have gone to them for advice, but if he is sacked it might be worth getting some legal advice on whether that is a reasonable outcome or not, and if the latter he can consider an ET.

Ja7188

You must be very close to your neighbour for him to disclose so much detail on what's happening...

Sounds like the most likely explanation is that they've been wanting to get rid of him for a while and he's now done something which is technically gross misconduct so they're grabbing the opportunity to get rid of him.

TELLIT01

On the face of it the punishment seems excessive for the crime. If he genuinely only printed a single copy of a graphic it would certainly seem possible that they have jumped on it because they want him out for some reason. On the other hand, if he printed many copies their action may be seen as justified.
All he can do is so in an try to plead his case. Resigning isn't a sensible route as the employer could still say in a reference that he resigned whilst under investigation for gross misconduct.

nicechap

chancesare wrote: »

My neighbour is a graphics designer, he works for a local company full time.

On Friday he arrived at work to be handed a letter giving him notice of Temporary Suspension on the basis of Gross Misconduct. He was suspended on full pay. The allegation is "mis use of company property" it is alleged he printed a personal graphic. He did, it was something he designed at home and wanted a print of for his portfolio. He admitted it, explained and was led to his desk and escorted out of the office.

The TS letter explained he would be called to a hearing in due course. The hearing came yesterday by means of a text from his boss (the MD).

It said he was invited to the disciplinary hearing on Tuesday at 11am and it goes on to say "we have concluded our investigations into the Gross Misconduct regarding Section 20 breaches and invite you to a disciplinary meeting [date time]. The likely outcome of this is dismissal"

Naturally he is gutted that he did something so silly in using the printer and has an otherwise exemplary record at the firm, he's been there for 3 years.

I used to work in Contracts Law hence why he's come over to ask my advice, but this is way out of my depth. Should he just resign, or go to the meeting where it seems he's already been deemed guilty....anyone any ideas.

As others have said, he has taken company property so its not looking good.

Has he offered to pay for the costs of the print (is it the sort of thing that could be done on a home printer or was it some sort of specialised thing like onto a plastic banner?). Apologising profusely and offering to put right what's happened would be where I'd start.

How common is it for people to misuse company property? E.g. answering personal calls/ emails in company time? Do people print off posters for their kid's school/coffee morning/ events etc. If you could demonstrate its common practice, then whilst what he did is still wrong, it would demonstrate a culture where minor misuse is tolerated. I bet a few people have the same brand of printer paper at home as at work.

I'd then ask what is a reasonable disciplinary outcome that similar employers would apply - so a formal warning maybe a reduction in pay.

Alternatively or in parallel, without prejudice, negotiate resigning with a neutral reference.

Just my 2p worth.

MacMickster

Perhaps the nature of the printed material suggests that the neighbour has been doing freelance work on the side, then using his employer's equipment for his own personal gain. Or, in saying that it was a print for his portfolio, he was using his employer's time and facilities to to try to get another job.

As others have said, gross misconduct seems a bit extreme if he has used a simple printer for a single sheet of A4. I suspect that there is rather more to the story that we don't yet know.

sangie595

I have to admit, on the face of it, given these facts and assuming we are talking about one piece of paper and some printer ink, this would never hold up as a dismissal, never mind a gross misconduct! Yes it was wrong. Yes it's not excusable. But it's also ridiculous and even a tribunal would see that.

Which would prompt me to ask "What's the real truth?" and "what haven't you told me?"

ACG

Does it say the LIKELY outcome will be dismissal or POSSIBLE outcome could be dismissal?

I have had 2 disciplinary' in my time and both said possible outcomes rather than likely outcomes.

If it says "likely outcome" that sounds like your friend could go to the meeting and say someone had a gun to his head to print it off and they would still sack him. I am no HR expert but that sounds wrong.

In any event, the 2 disciplinary meetings I have had I went and fought my corner and came out of both still in my job - one of them I was banged to rights. I was 100% in the wrong. My only defence was that I had been there for 3 years, never been late, rarely been off ill, never had a bad word against me from customers or staff and had been promoted so to sack me for one thing seems short sighted and surely everyone is allowed a mistake... They agreed. It did help that I was well thought of though.

LilElvis

sangie595 wrote: »

I have to admit, on the face of it, given these facts and assuming we are talking about one piece of paper and some printer ink, this would never hold up as a dismissal, never mind a gross misconduct! Yes it was wrong. Yes it's not excusable. But it's also ridiculous and even a tribunal would see that.

Which would prompt me to ask "What's the real truth?" and "what haven't you told me?"

Quite, because there is at least one omission from the story - how the original file was brought into the office in order to be printed. Laptop, cd, memory stick, emailed attachment? Many employers don't allow non-companyl devices to be connected to their networks because of the risk of infecting their system or company information being copied and taken home, possibly breaching many rules 're confidential materials.