Advice on dealing employment law and dealing with an irate boss

[soul_reason]

Hi All,

I received the attached letter from my boss at the end of last week (which explains the situation in full). After receiving the letter we had a discussion via video chat where I stood my ground politely and expressed that I cannot afford to be in debt and neither can my housemate and so finding someone to move in during the lockdown period is essential.

I spoke with Citizens Advice who told me I will still owe rent even during lockdown and since we had an empty room due to the last tenants moving out due to Covid, I had to fill the room otherwise I would be in debt.

My boss's argument is that I may need to go into work in the next 2 weeks and I would not be able to do so as I would have to isolate.

My boss is now trying to give me a disciplinary as I would need to isolate for 2 weeks.

She also tried to give me a disciplinary in February for a work related situation that was not my fault, even though she had all the information when she first gave me the disciplinary, she ended up coming to her senses and redacting it.

I know my boss has it in for me which I don't mind, we don't always see eye to eye, but I am feeling stressed about the whole situation as my boss keeps trying to give me disciplinaries and was wondering if any one could shed any light in a legal sense.

Many thanks

[soul_reason]

Hi All,

I have one disciplinary from last year in July which was valid, I made a mistake in my job which effected the client, fair enough.

In February, my boss tried to give me another disciplinary when I was temporarily in charge of my department (my line manager was off sick and I am next in seniority) and my colleague made a mistake in his role. I explained my point in my bosses office that I have to be able to trust my department to do their job properly but my boss said that "everything is my responsibility" and went ahead giving me a letter and scheduling a disciplinary meeting. A few days later she came to her senses and redacted the disciplinary saying that "it was in fact my colleagues fault" but that I should be more aware etc etc.

Last week, whilst working remotely, I had said in a company wide video call (our company is very small and everyone is very informal in these chats) that I had found someone to take the empty room in my rented property (which is great because other wise I will be in debt as I am liable for the total rent of the property) and my boss chimed in saying that I cannot do this due to the lockdown restrictions. Now, I have been through it with the landlord and checked all the government advice/Citizens Advice and spoken with my landlord who is unwilling to give us rent relief, and I am still contractually obliged to pay my rent so this is a necessary move and the government advice states that moving should be put off if possible. So I went ahead with the move, rightfully so.

My boss then rings me a couple of days after and starts accusing me of breaking the law and saying that I cannot have someone move in. I stood my ground and politely explain that I've exhausted every possible alternative and that the move is necessary to make sure I can afford to live (baring in mind none of this is actually my boss's business).

My boss then sends me a letter on headed paper calling my actions "arrogant and irresponsible" and schedules a meeting with me and HR where she again says that I am irresponsible and asks loads of questions about my renting situation to which I answer calmly and politely but standing my ground at the same time.

Then after the meeting she says that she Is giving me another disciplinary (mental, right?) to which I ask "what is the disciplinary for?" and my boss states "you will find out when I send the letter through" and then says sarcastically "that will help your financial situation, won't it?".*

So now I'm waiting on a disciplinary letter for having someone moving into my rented property...

I was hoping someone would be able to shed some legal light here as I'm quite confused and also stressed at the situation.

Thanks!

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[ULA]

Is this related to your other thread " Advice on dealing employment law and dealing with irate boss"?
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[ULA]

Is this related to your other thread "Boss keeps giving me invalid disciplinaries?*

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[soul_reason]

Yeah, that's right!

[soul_reason]

Yeah, that's right!

[ULA]

Ok so I have merged your two threads as they are related as it is easier to have all this information in one thread.

Can i just ask how long have you been employed by the company?
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The company would have to go through a disciplinary process if they in fact wanted to consider taking disciplinary action which would include inviting you to a meeting, although given the situation could be held virtually, providing details of the allegations which would be around you accepting a new housemate into your accommodation during lockdown, what the outcome may be and give you the right to be accompanied.

I have to say I am not sure that they would have grounds to take disciplinary action. However, if they are concerned about the impact of your housemate having COVID 19 or being asymptomatic they could request that if in the two week period from when your new housemate moves in you are required back at work you would have to remain in isolation until the 14 days had passed.

As you would not be able to physically return to work then you would either have to continue to work at home or the company, if they have you enough notice, could require you to take necessary time as holiday. This is only my suggestion but something that you may want to speak to them about if the pursue the matter.*


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[soul_reason]

Hi ULA,

Thanks for your response and merging the threads.

I have been working at the company for just under 5 years. I also forgot to mention that I had been put on furlough from the beginning of April up until the 7th of May where my boss has then taken me off of furlough to give me this disciplinary.

I have today been given the letter scheduling the disciplinary meeting and the grounds for the disciplinary set out in the letter are:

1. Disregard of clear Government rules relating to isolating within your own household during periods of Government-enforced lockdown due to Covid-19 - this carries a high risk of bringing the Company into serious disrepute should your actions lead to any of your colleagues or indeed a member of the public catching the virus from you as an employee of the Company; it also amounts to a serious act of insubordination as you are disregarding a clear instruction issued by the Government which is being followed by 'the Company name' as your employer.

2. Refusal to seek potential alternatives including speaking to myself or other senior staff - this is a lack of co-operation with the Management and colleagues as well as negligence in failing to try to find suitable alternative courses of action.

3. Willingness to expose your colleagues to high levels of risk of catching Covid -19 - this carries a large risk of causinn a major health & safety breach to the detriment of the safety and wellbeing of your colleagues and potentially the wider public, as well as huge potential impact on the reputation of 'the Company name', again risking bringing the Company into serious disrepute.

4. Willingness to make yourself unavailable to work for two weeks, leading to a higher workload for your colleagues - again this shows a lack of co-operation with Management and your colleagues.



My issues with this is that I am perfectly capable of working from home any way as the whole company has been doing so for the last 7 week so I'm not risking anyones health and safety. Additionally i was on furlough anyway up until this point so how can I even be given a disciplinary?

I don't believe that any of the points listed above are grounds for a disciplinary, but at the end of the day it's the company's main CEO and founder that is going through with all this so I rather helpless in it all.

Is there anything I can do to fight it or do I have to lie down and accept it?

Thanks

[ULA]

Sorry I am very confused you state in your post #2 that you have been working remotely, however in post #8 you say that you have been on furlough since beginning of April. If you have been furloughed I presume the company is making a claim via the CJRS, in which case one of the criteria for a company to make a claim is that the employee cannot and should not work for the company claiming against this scheme.

You say they have taken you off furlough to undertake the disciplinary process are you now being expected to work at home and in which case have you gone back to 100% of salary?

Just some other questions in regard to the specifics of the situation:

Have they indicated what the potential outcome may be if any disciplinary action were to be taken, this is information they should have provided in the letter inviting you to the disciplinary?

I presume the meeting is being arranged via video or phone or are they expecting you to attend work?

Have they given you the right to be accompanied either by a union rep or work colleague?

Has your new housemate moved in and in which case when from?