Dismissal or resign?

anonymous112433

I posted this same topic in the wrong sub-forum earlier.

My younger brother has a disciplinary hearing on Friday and the gross misconduct allegations -neglect of duty (covid measures related) are correct. We are expecting that he and his colleagues will be dismissed, there will 3 meetings one after the other. Fortunately he's not the first, so we will probably know his fate. The investigation was done a couple of weeks ago.

Questions I have are: is it better to resign before being dismissed if that's even possible or should he take the dismissal? Our concern is regarding claiming JSA whilst applying for new roles.

Will he get paid for the notice period? He has a 1 month period, but not sure if summary dismissals will mean you get paid or not. He's been at the company more than 2 years.

This will help us make the right decision.

General_Grant

For most future employers being dismissed for gross misconduct or resigning during a disciplinary process (which can be mentioned in a reference) makes little, if any, difference.  A DWP decision maker is also likely to decide that dismissal for gross misconduct is because of action the dismissed person took and therefore like resigning and making oneself unemployed.

Check the disciplinary procedure/written particulars of employment to see whether they mention dismissal without notice in the case of gross misconduct.  Most probably include something along those lines.

Summary dismissal is dismissal without notice and therefore there is no notice period to be paid.  He would still be entitled to any holiday accrued but not taken (or, if his contract allows, have a deduction made for holiday taken in excess of that accrued).

anonymous112433

That clears it up. I guess we'll have to accept the dismissal. He's already started applying for new roles. Although the next step is figuring out how to explain to potential interviewers during the process, why he got dismissed.

MovingForwards

Honesty is the best policy, together with demonstrating / explaining why he would never do it again.  Showing he understands why it was wrong and what he learned from it.

Jillanddy

Just because someone is guilty, and just because the employer says it is gross misconduct, doesn't necessarily mean that a dismissal is justified or reasonable. It may be clutching at straws, but there may be options to challenge the decision - depending on what he did and why.

anonymous112433

Jillanddy said:

Just because someone is guilty, and just because the employer says it is gross misconduct, doesn't necessarily mean that a dismissal is justified or reasonable. It may be clutching at straws, but there may be options to challenge the decision - depending on what he did and why.

Well I'm just going off all the details in the invite and it's pretty clear cut. I mean there's no way I can see it come out other than a dismissal. I think he's had enough and wants the misery to end whatever the outcome. I doubt very much he wants to fight it even if he could.

oh_really

What did he do?

anonymous112433

oh_really said:

What did he do?

Not adhering to the company's covid measures and in the process putting others at risk.

oh_really

anonymous112433 said:

oh_really said:

What did he do?

Not adhering to the company's covid measures and in the process putting others at risk.

Were the processes/ measures adequately explained and provided? Did everyone understand what was required of them and did management confirm this.
What control measures did management implement and was there adequate supervision. How was the breach picked up?

Any of them in a union?

anonymous112433

oh_really said:

anonymous112433 said:

oh_really said:

What did he do?

Not adhering to the company's covid measures and in the process putting others at risk.

Were the processes/ measures adequately explained and provided? Did everyone understand what was required of them and did management confirm this.
What control measures did management implement and was there adequate supervision. How was the breach picked up?

Any of them in a union?

Yes and yes.

Breach was reported by someone and later confirmed via CCTV.  Not in a union.

I spoke to him a short while ago - I think he's now accepted that he'll almost certainly be dismissed and has been preparing material for new applications. The 2 other people also involved are doing the same apparently.

oh_really

OK, it may be worthwhile approaching management with a view to resign in return for the best agreed reference they will provide to prospective employers. Put it to them this will save management resources in convening hearings and the disruption that goes with it.
They may of course decline and proceed regardless, even in absentia if they are so inclined.
What was going through his head at the time?