[Misc] Gross misconduct at work, help needed.

[FatSuperman]

Yes, fair point.

Asking for it signed gives away your intention to screw them. Better to come off as a bit naive and record what they say.

Very true. You have to be a bit wily with HR types. They can be relied upon to want to be seen as helping you though, so you can manipulate the situation using that hook. Go to them and tell them you are worried about such and such - people finding out about your resignation in this case, and reel them in.

 

[Notters]

I'd tell everyone. Early dismissal with a new job to go to just means a bit of a holiday until then.

If you're minted...

 

[BBassic]

If you're minted...

Or, in my case, feckless.

 

[Westdene Seagull]

Possible? HIGHLY likely.

In my illustrious career I have found that HR* departments are almost entirely concerned with advising the company on what they can and can't get away with regarding the treatment of the employees. Mainly to reduce the risk of litigation etc. That is their primary function.

*I love the name, no messing about, they are letting you know that you're a just a 'resource'.

And there was me thinking it stood for Human Remains.

 

[AmexRuislip]

Surely there's nothing illegal, if he announces he's having a leaving do at the local pub!

 

[Simon Morgan]

Gets a few assists and thinks he's the dog's b*******. Typical.

 

[Medwayseagull]

Someone that I know, has handed in his notice today at a very well known company, and, they( the company) are not happy about it.
In a meeting with his superiors, he has been told he is not allowed to tell any of his work colleagues that he has a new job and will be leaving after his notice period( also, an area of contention), on pain of instant dismissal for gross misconduct.
Can his company do this?

Only if he has a confidentiality clause in his contract of employment.

 

[Thunder Bolt]

What does it say in his contract of employment? Unusual for a coy to act like this but there could be a good reason, eg share price sensitive info that needs proper and orderly communication

I would have thought he'd be sent on gardening leave for his notice period, if it was that sensitive.

 

[maffew]

Personally I believe they are probably not allowed to do that

However why the bother, assume he/she is moving on to better things so save the hassle and ride it out

I worked at a large site in Durban. After a couple of staff went to a competitor the company declared it gross misconduct to have contact of any sorts with anyone from the opposiotion. This was quite tricky in our industry as we all had kids that went to the same school, friends there heck 2 people were even married to people there. 1 guy got the sack for going to his friends barbecue I kid you not. Corrupt as

 

[Weststander]

Grosa misconduct is behaviour that is so serious that it causes a serious breach of trust in the employee/employer relationship

What constitutes this should be set out in employee handbook or contract of employment but generic examples are violence, dishonesty, gross insubordination or sabotage. It can also include misuse of corporate information, setting up a rival company

From what youve written here it doesnt sound like any of these except gross insubordination but he should get a written explanation on what grounds theyre requesting this and why

The gross misconduct items in handbooks and contracts, are only individually enforceable, if they are matters widely held in employment law to warrant that.

I forced draft contracts to be changed after a former ‘Dickensian-like’ employer of mine, tried to impose them on the staff with all and sundry shifted to the gross misconduct category. The manipulator failed.

 

[Dave the OAP]

Someone that I know, has handed in his notice today at a very well known company, and, they( the company) are not happy about it.
In a meeting with his superiors, he has been told he is not allowed to tell any of his work colleagues that he has a new job and will be leaving after his notice period( also, an area of contention), on pain of instant dismissal for gross misconduct.
Can his company do this?

Sounds to me like a case for sick leave..I would be stressed as hell if my company had put that statement out!

 

[ROSM]

The gross misconduct items in handbooks and contracts, are only individually enforceable, if they are matters widely held in employment law to warrant that.

I forced draft contracts to be changed after a former ‘Dickensian-like’ employer of mine, tried to impose them on the staff with all and sundry shifted to the gross misconduct category. The manipulator failed.

I agree entirely..employers cant add 'walking on the cracks in the pavement' as an offence. Ive seen employers try to hold an employee not obeying an order as subordination without understanding that the order was in itself unreasonable

 

[Eeyore]

Surely there's nothing illegal, if he announces he's having a leaving do at the local pub!

When I worked for a company I was told that if I left that I couldn't work for a rival company for one year.

It was in my contract. But it's not legally enforceable.

I doubt very much whether this is either. A tribunal would be all over it.

 

[AmexRuislip]

When I worked for a company I was told that if I left that I couldn't work for a rival company for one year.

I wonder how that works with myself, as I work for one company, who's lost a major contract to a rival.
The whole workforce gets Tupe'd over!

 

[maffew]

When I worked for a company I was told that if I left that I couldn't work for a rival company for one year.

It was in my contract. But it's not legally enforceable.

I doubt very much whether this is either. A tribunal would be all over it.

I had that too and they tried to enforce it for 3 years internationally across any company in my trade!

 

[NooBHA]

They actually cannot force them not to tell anyone but it is common practice to ask them to do so. If they agree to it they usually give a slightly beneficial ''severance'' if it is maintained.

 

[Eeyore]

I wonder how that works with myself, as I work for one company, who's lost a major contract to a rival.
The whole workforce gets Tupe'd over!

EU regulations. Free movement of workers. One of the companies I worked for lost a lot of good folk to a rival company set up by previous employees.


That was the one that had the unenforceable contract.

 

[Garage_Doors]

I'm really hoping his initial arn't CH

 

[Bodian]

I agree entirely..employers cant add 'walking on the cracks in the pavement' as an offence. Ive seen employers try to hold an employee not obeying an order as subordination without understanding that the order was in itself unreasonable

Or in my case the opposite. That is - obeying a direct order from my boss and his boss, only to be initially suspended on the basis that what I did was 'not appropriate'. Or more to the point, when I was asked at my 'investigation interview' whether I had thought what we had done was appropriate, my response was 'I don't know, I've only been here a few months, and I, along with my colleagues, was instructed to do this. If my bosses thought it was appropriate, then who was I to argue?'. Needless to say we got fired for gross misconduct and the bosses are still there....

 

[Bigtomfu]

Can't wait for this headline when Pascal gets sent off.

Or Gross point blank when he scores a tap in.