• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Disciplinary Action

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disciplinary Action

    Hi all, am after some advice on behalf of my boyfriend...he works for a very well known charity in their call centre and has been wrongly accused of fudging his contact figures (they have come up with some figures for December, but he is totally innocent...there's no financial gain as calls are not sales based, he receives no financial incentives for higher call figures and is just on his basic wage). He is up for disciplinary action for gross misconduct next Wednesday...and is absolutely devastated by it all! He is a conscientious worker and is very well-liked....his only defence is that he must have just dropped the ball and not been concentrating fully when these events occurred, there was definitely no malice or anything untoward going on! Would it be better for him to resign completely? Am I right in thinking that if he does that, his employers can put that on his references? I'd be most grateful for any advice....he is in absolute bits over this!
    Tags: None

  • #2
    Re: Disciplinary Action

    Originally posted by MariaH View Post
    Hi all, am after some advice on behalf of my boyfriend...he works for a very well known charity in their call centre and has been wrongly accused of fudging his contact figures (they have come up with some figures for December, but he is totally innocent...there's no financial gain as calls are not sales based, he receives no financial incentives for higher call figures and is just on his basic wage). He is up for disciplinary action for gross misconduct next Wednesday...and is absolutely devastated by it all! He is a conscientious worker and is very well-liked....his only defence is that he must have just dropped the ball and not been concentrating fully when these events occurred, there was definitely no malice or anything untoward going on! Would it be better for him to resign completely? Am I right in thinking that if he does that, his employers can put that on his references? I'd be most grateful for any advice....he is in absolute bits over this!
    Yes, they can put this in a reference even if he resigns now, and resigning makes it look like he is guilty. The only use of resigning is if they give him a neutral reference, and it would be difficult to make them stick to that. But otherwise he may as well stick it out and fight his corner.

    It seems odd that a few numbers would matter much if there is no benefit to him?

    Comment


    • #3
      Re: Disciplinary Action

      How do they calculate calls?
      Is there any reason that they provide figures? Is there Key performance indicators for the job?
      Would there be an automatic way of working out the figures rather than one person recording it manually?

      Need more info on that one....
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #4
        Re: Disciplinary Action

        Your boyfriend may have case law on his side, as per the case of In Sandwell & West Birmingham Hospitals NHS Trust v Westwood the Employment Appeals Tribunal decided that misconduct must comprise either "deliberate wrongdoing" or amount to "gross negligence". It seems as stretch, from what you're saying, that his actions were the above.

        However, the reality on the ground is, if an employer gets a "bee in their bonnet" (for want of a better term) and just do not like somewhere nothing they do will stop them being dismissed.

        If that does come to fruition and your boyfriend has had over 1 year and 51 weeks service (yes - don't let people tell you it's 2 years or no claim) he may have a claim for unfair dismissal, dependant on the circumstances. May be worth having a chat with citizens advice or seeking legal advice?

        Comment


        • #5
          Re: Disciplinary Action

          [MENTION=2937]Yoshi[/MENTION] here is the case you have referred to: http://www.bailii.org/uk/cases/UKEAT...2_09_1712.html
          "Family means that no one gets forgotten or left behind"
          (quote from David Ogden Stiers)

          Comment


          • #6
            Re: Disciplinary Action

            Spot on. At paragraph 45.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse

            Welcome to LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X