Is it gross misconduct?

[Ljw100]

A few weeks ago my other half was informed that an investigation was going to be carried out against him and 2 colleagues for misuse of facilities. He subsequently received a letter to attend an investigation for 'gross misconduct, specifically dereliction of duties, potentially amounting to fraud'. Basically, they had quite a few additional coffee breaks over a number of months, but I stress this is when they had no work to do (and have on numerous occasions advised supervisors they had no work). They have even been told by managers when raising this to 'make themselves scarce, go get a coffee '. To cut a long story short, they admitted it, stated the reasons and have now found out they are being taken to formal disciplinary. The investigating manager had evidence of every time they had been in the room. Is this normal procedure to class as gross misconduct before investigating? During the investigation meeting my other half raised a number of incidents he was aware of which appeared to have been swept under the carpet (more serious cases of misconduct I
E aggressive behaviour).. any help would be appreciated as he is very worried. None of them have ever had issues at work before and feel they are being victimised , thanks

[Markie G]

Re: Is it gross misconduct?

That does seem a little harsh for taking extra breaks. Some companies always put this could be gross misconduct no matter what.

Is he in a union? as they are always the best ones to talk to and what you need to look at is what they are actually accusing you of, as slipping away for extra breaks when you have no work, is hardly fraud. What evidence does this manager have exactly?

The other cases you talk about, they will simply say they can not talk about other cases as they often do. I have seen it where someone can be caught stealing and keep their job, but someone else can be finished for a far less crime (issue).

[Ljw100]

Re: Is it gross misconduct?

Thanks for your response. He isn't in a union anymore but one of his colleagues is who's being accused of the same. My belief is it could have all been sorted by their manager in the first instance. The problem is they have reports showing him in the staff room when he was also 'clocked on a job ', he hasn't denied this and has explained the reason is because the job will have been done, and will have been his last job of the day. They have had instructions that they must show they are 'clocked on job's for the full day even if they don't have enough work.. This surprisingly has now changed in the last few weeks. Thank you and fingers crossed it will end as a positive

[charitynjw]

Re: Is it gross misconduct?

Hi Ljw100 & welcome to LB.

Imho, I doubt whether the GM accusation would hold water.
Are the employees expected to 'clock off' every time they use the staff room or bathroom?
Fraud requires intent (ie purposefully committing a deceitful act in order to make a gain).
Gm is normally reserved for much more serious matters (although it does potentially include smoking).
You mention victimisation?
Do you feel they are being singled out due to a protected characteristic? (Age, race, disability etc).
For how long has your OH worked for the company?
ACAS can also provide further info, possibly even early conciliation.
http://www.acas.org.uk/index.aspx?articleid=1461
& I'll give @Ula (one of our more experienced posters on employment matters) a nudge for you.

[leclerc]

Re: Is it gross misconduct?

Also are the breaks paid breaks or unpaid breaks?
Was the supervisor always aware where you were should there be work for you to do at all these unauthorised breaks?

[Ljw100]

Re: Is it gross misconduct?

Hi, thanks for the response. Re: victimisation, I meant more along the lines of they get 'picked on' more than any of the other employees, the way some of their supervisors can treat them, you'd think they were talking to children!! ... They can't seem to do right for wrong, whereas others seem to get away with alot worse. The breaks are paid, but were purely taken when they had no work and we're definitely not deceitful. My OH has been there nearly 11yrs and one of the others nearly 30. Also, they don't have to clock on and off for breaks, they purely clock on a new job, then off it when done, but have to spin out their work over a whole day (which is why they show clocked on a job when they have had a break, because the job was done and probably was their last of the day). It was a very complicated, and silly way, which surprisingly now seems to be changing. Hopefully when he gets his disciplinary letter, we can prepare a good statement and he keeps his job as they are saying he could be dismissed

[Ljw100]

Re: Is it gross misconduct?

Hi, their work is sent by an electronic device and as soon as new work is allocated they are onto it. The supervisors wouldn't necessarily know where they are (due to the size of where they work), but they can contact them at anytime. The supervisors are the guys who allocate the work and also the ones who they have informed lack of work to. It will be interesting to see their interview notes when he gets his disciplinary letter

[seduraed]

Re: Is it gross misconduct?

It sounds as though this lack of work has been going on for some time. I am wondering if the company is trying to reduce staff numbers vis this process rather than redundancy which could be expensive.

[Ljw100]

Re: Is it gross misconduct?

You could well be right, I believe they are not wanting to pay 'skilled workforce' anymore but are wanting to try get away with assistants doing the role.....although they can have a few quiet periods there is always other areas which have work, which isn't necessarily skilled, but management don't think to allocate this to those who are quiet.. Hopefully the right decision will be made