Employment

[soapy1]

Iam due to go to a disiplinary hearing on Thursday. My employer is bringing a Gross Misconduct hearing. I was involved in an incident outside of work (assult) and had to go to court. The local press had reported some of the details and staff had made comment. Although the offense was not serious and it has not effected my work and the incident took place 6 months ago my employer have made arrangements for this meeting to take place.

They have used the vilent and threatening behaviour clause in the company handbook as cause for gross misconduct but the handbook does not stipulate that this refers to outside of work. can anyone let me know there thoughts as to where i might stand

[Buenchico]

Actions outside work can't (or, rather, shouldn't) directly lead to dismissal but they can do so if they give cause for a 'loss of trust' from the employer in your suitability for the post you hold. (This could include strained relations with your colleagues in the work place).

Please read my reply here:
http://www.theanswerbank.co.uk/Law/Question572 052.html

Chris

[buildersmate]

Much as Chris says.
Gross Misconduct is a fundamental breach of the contract between employer and employee such that the contract is terminated without notice. So basically you leave pretty much the same day. Listen to what they say, take a friend with you to write notes on what is said (looks efficient and might need the info later on), prepare beforehand what your case is for remaining in your job. Having listened to what they say, when they ask you for your side of the story, unless you are comfortably with what to say immediately, ask for an adjournment for a few minutes to work out what to say. Mitigate as best you can, ask that they consider a Final Written Warning rather than dismissal for gross misconduct. This shows you understand how the employment process works. If they won't 'commute' to FWW, contemplate using the appeal process - there should be one.
From the employers' point of view, if they have pretty much decided they want to get rid of you, it may not change their decision, but at the back of their mind, they must always think that you might bring a case for unfair dismissal. They will want therefore to follow a clear process.

[daffy654]

I don't have any advice............ I just wanted to say to buildersmate that he has given a really good,clear bit of advice here! Also Buenchico as usual gives very good legal advice! Well done both of you :-)

[nic121]

I have come across such a situation before in the past involving an apprentice that I was mentoring at my previous company. It turns out it is possible to take such action against an employee if you can prove that they have brought the good name of the company into 'disrepute'. In other words, what you have done is potentially lost them business as nobody wants to work with a company that employees 'thugs'. I'm not saying that you are a thug, but that may be the impression other people have from the news reports and your link with the company.

Firstly, from what you have said, you have not been issued with a warning or been sacked as yet. It is common with most companies to start the procedure of investigation followed by a hearing to determine what, if any action, to take. They chances are that they may not take any further action and they are just following procedure. I think it is in your interests to maintain a good relationship with your employer, which will involving fully explaining the circumstances of your arrest and giving them certain assurances about your future conduct. Try to remember that these situations often become nasty when people kick up a fuss and their relationship with their employer turns sour.