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[Help] Employment disciplinary advice.











NooBHA

Well-known member
Jan 13, 2015
8,591
Could still be phone resting on his leg

Sent from my SM-G970F using Tapatalk


The scene is a Car Park. Try to imagine a scene of how someone who can record both audio an video without knowledge. I am truly struggling to see it in my head.
 






WilburySeagull

New member
Sep 2, 2017
495
Hove
There are far too many unknowns in this story for anyone to give proper advice rather than pure speculation. The OP's friend needs proper legal advice on the position.
 




el punal

Well-known member
Aug 29, 2012
12,548
The dull part of the south coast
Straight forward answer to a complicated post - tell your friend to go to a solicitor/law firm that (1) deals with employment law and (2) provides a free 30 minute consultation to enable the solicitor to decide if there is a case to answer or not.

Your friend should then accept the advice given, whether good or bad news. Another option would be to contact the Citizens Advice Bureau, again, for advice and guidance.

Hope that helps.
 




METALMICKY

Well-known member
Jan 30, 2004
6,830
They are certainly required to tell the truth, but they are not compelled to tell the whole truth. If he resigned, and there was still some residual goodwill (which there may very well not be), they could say, if they chose, “he resigned”. They are not compelled to add “...knowing that if he didn’t, we’d have fired him”.

If he is dismissed, then they would say “he was dismissed”.

So, resigning could help him, depending on the precise circumstances and his employers’ willingness to help him get another job.

Wise words. And don't forget if there is no goodwill from the employer they can just as easily put on any reference ' resigned in the face of a disciplinary hearing '. Thereby still trying to scupper their chances of getting another job. It's still quite amazing how many people still believe the nonsense about how a previous employer cannot give you a poor reference.
 


Bowers-sfc

forever red, never blue
Feb 20, 2011
234
A lot to take in and feed back. Mainly screenshots that I’m sending, not sure I want to send them
The link if I’m honest haha.

I can assure you ‘my friend’ is definitely not me, I work in retail for the orange supermarket... though I know it’s a common term when somebody is embarrassed or ashamed
To say it’s about them.


Too many to reply
To individually, but thank you for all your responses. Appreciate the wise words.

What they did would be gross misconduct, and other people have been sacked for the same thing. Normally the cases have been done and dusted within a week or 2 max according to their union rep. So we are in week 6 at moment with him.

He was highly thought of before this situation, and was their next star I guess? They had put a lot
Of time and training into him. What he done was in his first week of the job, and assures me he has never done it since.

I believe it was filmed on a phone the customer was holding.
 


Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
14,124
Herts
He was highly thought of before this situation, and was their next star I guess? They had put a lot
Of time and training into him. What he done was in his first week of the job, and assures me he has never done it since.

Boss (possibly): "Well, he's been brilliant for us for the last 18 months; we've invested massively; he made a mistake, cut him some slack"
HR (possibly): "You kidding me? He did something that is gross misconduct within a week of starting work here. How can you possibly know that he hasn't been doing it every week since?"
Boss: "Err"

I remain really surprised that it's taken 6 weeks to get to a decision based on the facts as you present them. But it has. :shrug:
 




Herr Tubthumper

Well-known member
NSC Patron
Jul 11, 2003
62,705
The Fatherland
I can’t offer any advice. I’m puzzled why the customer took 18 months to raise this though.

It would seem your friend has been really stupid as opposed to anything wilfully malicious, or worse. I hope they learn from this and it doesn’t affect their future employment opportunities too much. Good luck.
 


Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
14,124
Herts
I’m puzzled why the customer took 18 months to raise this though.

It's stated that the customer waited until he needed more product from the Company then used the video as leverage to try and get a discount off the price. Nice.
 


Herr Tubthumper

Well-known member
NSC Patron
Jul 11, 2003
62,705
The Fatherland
It's stated that the customer waited until he needed more product from the Company then used the video as leverage to try and get a discount off the price. Nice.

Oh. I didn’t see that. Irrespective of what the friend did, that’s very low.
 










herecomesaregular

We're in the pipe, 5 by 5
Oct 27, 2008
4,653
Still in Brighton
Sounds to me that they entered a property of a deceased person as part of their work and found something worth nicking? Just guessing though.

Anyway, not judging but they made their choice and they have to live with it? Best outcome resign and move on, agree with the above that maybe plead or negotiate for a date-only reference and reason for leaving: resigned.
 




Muhammad - I’m hard - Bruce Lee

You can't change fighters
NSC Patron
Jul 25, 2005
10,911
on a pig farm
A lot to take in and feed back. Mainly screenshots that I’m sending, not sure I want to send them
The link if I’m honest haha.

I can assure you ‘my friend’ is definitely not me, I work in retail for the orange supermarket... though I know it’s a common term when somebody is embarrassed or ashamed
To say it’s about them.


Too many to reply
To individually, but thank you for all your responses. Appreciate the wise words.

What they did would be gross misconduct, and other people have been sacked for the same thing. Normally the cases have been done and dusted within a week or 2 max according to their union rep. So we are in week 6 at moment with him.

He was highly thought of before this situation, and was their next star I guess? They had put a lot
Of time and training into him. What he done was in his first week of the job, and assures me he has never done it since.

I believe it was filmed on a phone the customer was holding.

Not trying to be flippant here, but I work for a very well known (worldwide) company and I hold a very good position, am well thought of and earn a decent salary.
If I ever was unfortunate.....or silly enough, to transgress my company’s rules and put myself in a situation where I was likely to be dismissed over GROSS MISCONDUCT, I think I would have to take it on the chin and just say ‘it’s a fair cop guv’
Most companies have a laid out, often negotiated with trade unions or employee representatives, code of conduct. If your ‘friend’ has transgressed these guidelines, then regardless of circumstances he ought to face the music.
My job involves me visiting customers in their houses, observing engineers behaviour and ensuring that their standards of service are befitting of our company name...and the customers expectations.
Your friend must have really gone the extra mile and royally p1ssed someone off
 




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