Did the guy steal anything yes or no?
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[Help] Employment disciplinary advice.
- Thread starter Bowers-sfc
- Start date
Bowers-sfc
forever red, never blue
- Feb 20, 2011
- 234
- Thread starter
- #62
Case got thrown out... company couldn’t use the footage supplied by the customer due to legal reasons.
Will go into further detail next week as they are going to quit on Wednesday ( I know, I know )
Will go into further detail next week as they are going to quit on Wednesday ( I know, I know )
Probably wise for him to resign. The company know that he did it, and there’ll always be concerns about how many more times he has. They’ll also know that the story will leak (internally) and they’ll be worried about the message that him continuing to work there sends to other employees. They’ll also be worried about the video making its way to social media and the reputational damage that might ensue.
I assume he’s never fessed up to the company, as his admission of guilt would make the legality of using the video moot (unless the legal advice they received said that the admission was based on evidence that couldn’t be used, thus making even the admission invalid??).
In any event - his cards will be marked if he stays. They couldn’t possibly promote him.
At least this way he gets to resign rather than being fired. It’s ending in as positive way for your friend as it possibly could.
I hope the company didn’t give in to the customer’s blackmail.
I do hope your friend is getting the right advice on this. They should not quit at the moment.
Now that the case has been thrown out, they should be looking for a settlement by threatening constructive dismissal.
There is a clear opportunity to be ‘paid off’ with a pre-written reference statement agreed. That would be invaluable in the current job market.
Given everything which has been said about this case, I’d say the sensible thing is to take the resignation and go quietly and learn from this experience.
He won't get a sniff of constructive dismissal having been there less than two years. He has two options :
1. As you say he could go for a settlement agreement. He'd be better off asking for one along the lines of "I appreciate that most the trust you had in me and vice versa has broken down and this makes it difficult for both parties. To save both of us any issues I'd suggest it is worthwhile me leaving under a settlement agreement.". That way the company get the gagging clause they would want and he would get an agreed reference and possibly a small payment.
2. Look for another job and then resign.
Option one holds some risk in that poking an angry bear is never wise !
That’s certainly an alternative view. Pretty unpleasant way to behave, imo. He does something that’s been described by the OP as definitely worthy of gross misconduct (for which offence others have previously been fired), gets off on a technicality (though the employer knows they committed the offence), the disciplinary procedure is halted; and your reaction is to have a pop at the employer?
I think he’s been a very lucky boy; graciousness is called for now, imo.
However, I have certainly inherited ex-employees who would react in the way you suggest. None of them have made a particular success of their careers in their subsequent companies, afaik. I suspect because if they’re capable of trying to turn the situation as described in this thread into an opportunity to maximise personal gain, they’re not really a team player.
In football terms, it’s the difference between CKR and Bruno. I know who I’d rather employ/promote.
mikeyjh
Well-known member
Are you sure about that? My previous employer, a large multinational would only ever, in the UK, give position held and the dates one was in that position. I understand anything stated must be accurate but I don't believe there's any obligation to give additional information.
I’m only looking at the interest of the OP in giving advice to his mate to help him. The OP was very cross with this situation and wanted a better resolution for his chum.
Obviously the employer looks to have been wronged but I don’t know who they are and have no affiliation with them.
Fair enough.
Has it been disclosed exactly what the OP’s mate has done, sounds to me similar to a case I heard about with a well known media company’s engineer “chipping” the media box??
While against common belief a company can give a bad reference, it has to be truthful or they could face legal action. With this case they would not be able to mention the disciplinary as it collapsed, even though it was a technicality, as this is prejudiced.
Black Hill
Banned
- Apr 24, 2020
- 72
The 2010 Equality Act rather puts pay to that. A perspective employer is unable to ask this type of question, as the answer may be due to the fact the applicant has suffered discrimination outlined in the act.
Similarly a reference will only contain the following:
Start date.
Final Salary.
Job title.
Leaving date.
Also, the reference can only be obtained after the applicant has left the former employer.
WilburySeagull
New member
No obligation to answer questions but a resounding silence if asked specific questions is enough to give clue to third party.
In reference to an ex-employee who was habitually late and bone idle when they did turn up, I gave a telephone reference to the prospective employer “you’ll be lucky indeed if they work for you”. Doubt I’d repeat that input now, given the changes in the law over the last couple of decades.
METALMICKY
Well-known member
- Jan 30, 2004
- 6,847
Sincere apologies as I might be misreading what you have stated. Are you only you just talking just about the case described here?
Or are you actually stating that no prospective employer at interview can ask " why did you leave your old job? And similarly are you suggesting that any reference from a previous employer can only state " start date, final salary" etc? If that's the case you are very wrong on both accounts.