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serious problems at work (gross misconduct)

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  • serious problems at work (gross misconduct)

    Hi everyone

    Hoping to get some advice for my partner, i've had a read through many of the other posts on here and there seems to be some very helpful people and advice.

    My partner has now been suspended from work for 14weeks (with no end in sight), and is awaiting the outcome of a disciplinary hearing, and has been warned she potentially faces being dismissed. This is because some of her colleagues have made allegations against her (which if true would amount to serious gross misconduct), she completely denies the allegations.

    The employer she works for has got witness statements from these two employees, and the employer is relying on these two statements completely for the disciplinary proceedings. My partner has pointed out to her employer that some of the things that they have claimed simply don't make sense, and in places actually contradict one another (e.g if one of them is telling the truth, the other has to be lying etc.) Her employer is point blank refusing to investigate this further. This seems hugely unfair. There are documents that supports my partners side of the story (eg. documents routinely filled in everyday), along with 3 witness statements.
    weve been to see a solicitor, and it was his opinion that the best thing that the employer could do would be to fire my partner, as she would potentially have a very strong case at any tribunal.
    I was wondering if anyone could advise me what her options would be if her employer does not dismiss her, but refuses to investigate her colleagues over making these allegations in the first place? (which is what I think is the course of action most likely to be followed by the employer, but places my partner at huge risk of something similar happening again in the future). Is constructive dismissal an option? Would it be possible to sue for harassment in the county court? if so, what would be the cost implications? And what would constitute evidence of harassment?

    Abit of background: my partner has worked for the company for 6years, she has a spotless disciplinary record. Due to the industry she works in, if she is dismissed, she will likely be banned from working in any aspect of this industry again.

    Sorry for the long first post! I really hope someone can offer us some advice. I have had to be delibrately vague in this post, as if I posted the full details of what has happened, I fear my partner would be easily identifiable to anyone else who works for this (large) company. If anyone feels they could offer us advice but need more details, I will PM them.
    Thanks very much
    Tags: None

  • #2
    Re: serious problems at work (gross misconduct)

    Hi and welcome to Legal Beagles
    you are most definatly in the right place hun, one final question.. is your partner in a union?

    BUMPING for Millitant's attention

    Comment


    • #3
      Re: serious problems at work (gross misconduct)

      Hi, thanks for replying. Unfortunately not, there isnt really a union presence where she works. Thanks

      Comment


      • #4
        Re: serious problems at work (gross misconduct)

        Hi Norfolklad and welcome to Legal Beagles.

        Has your partner been accused of committing any criminal offence at all? If so, what? If you feel it would be better to send a PM, send one to me. I am a retired policeman, but I now use my knowledge and experience to help others on this and another forum.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: serious problems at work (gross misconduct)

          thank you, pm sent

          Comment


          • #6
            Re: serious problems at work (gross misconduct)

            Had some helpful information from Bluebottle, so will be arranging another meeting with the solicitor. Another quick question, do employers legally have to keep employee records for a minimum amount of time (if at all)? I'm thinking of records such as employee appraisals and reviews?
            Thanks

            Comment

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