Probation and gross misconduct

Smodlet

Everything is always easier if there is a witness... Provided they say what you want them to.

Rbb

Just an update!He got sacked!

ElefantEd

Rbb wrote: »

Just an update!He got sacked!

Pronoun game! Which "he"? Your husband or the other fellow?

Mistral001

Rbb wrote: »

at the end of their shift he walked out telling his boss he was done with it all as he was not being spoken to like that.
.

Is this gross misconduct? I doubt it. As long as he has not resigned in writing, surely he can go back and ask get this sorted out.

Smodlet

ElefantEd wrote: »

Pronoun game! Which "he"? Your husband or the other fellow?

This......

Undervalued

Mistral001 wrote: »

Is this gross misconduct? I doubt it. As long as he has not resigned in writing, surely he can go back and ask get this sorted out.

Quite possibly but apart from notice pay it makes very little difference. The OP said he had only started working there "recently", so he won't have two years service. He can therefore be dismissed without even being given a reason.

I agree however it is not absolutely clear whether the OP's partner was sacked or the other chap!

Rbb

My partner was sacked,sorry. Other guy still there.I guess it's what to do now....!

Undervalued

Rbb wrote: »

My partner was sacked,sorry. Other guy still there.I guess it's what to do now....!

Well given the circumstances you described that is most unfortunate.

Sadly however I fear there is little he can do unless his PTSD amounts to a disability for employment purposes. If it does and if the employer was aware (or should reasonably have been aware) then it might be worth taking advice. Obviously though we only have a third hand account of one side of the story.

Smodlet

Time to move on, I think. It sounds to me as if your partner really needs to take charge of his own recovery and stop expecting the rest of the world to accommodate whatever issues he has. From what I read and see, this seems to be the default setting these days.

Once upon a time it was just tough and we had no choice but to get on with it because we knew no-one else cared or had to. Now, there is a load of BS legislation which all boils down to, yeah, no-one cares and, after a load of @r$e-covering time wasting, you have to just get on with it because no-one cares and no-one has to. I am not saying this is right, only that it is so. The only thing which has changed is the time-wasting box-ticking, imho.

Blatchford

Undervalued wrote: »

Well given the circumstances you described that is most unfortunate.

Sadly however I fear there is little he can do unless his PTSD amounts to a disability for employment purposes. If it does and if the employer was aware (or should reasonably have been aware) then it might be worth taking advice. Obviously though we only have a third hand account of one side of the story.

PTSD is a disability. By it's very nature it ticks all the boxes. And the employer was aware (although we don't know he can prove that). The problem may be that that doesn't make the dismissal unfair. As you say, we only have one side of the story, and it would need to be proven that he dismissed because of the disability. That's going to be difficult, because actually we do know that the employer had in place something that would be viewed as a reasonable adjustment- a quiet place to go and calm down. Even if it wasn't specifically for him, it was there, so he could have gone and calmed down, then spoken to the boss. Not a case that's likely to go far, I'm afraid.