Is FIL going to lose his job?

[Lorayn]

My father in law has been working for 44 years under his current employer and has recently been caught out on an issue involving red tape.

He works as an optician and through his company is able to get 'test contact lenses' for free for family and friends. These lenses are used by opthalmics to give to patients in order to test out how it feels to wear them, they are free to issue and don't cost the company any money.

In order for staff to get said lenses, they must follow the correct procedure which is by filling out a few forms.

However, whilst in a hurry, my FIL aquired the lenses without filling out the forms, and a creepy receptionist informed the boss.

Without sounding bias both my partner and myself believe that due to his age (60) the firm are simply looking for an excuse to get rid of him, as they have been waiting for such ammunition for some time.

It's all so annoying, as due to my FILs complacence and slight stupidity he has landed himself in a rather precarious situation.

I was wondering if any legal eagles lurking on here might be able to offer some friendly advice so that he might hopefully be able to reconcile his employers.

Thanks.

[flowerybeanbag]

Hi lorayn

You may well be right about waiting for ammunition, but that doesn't detract from the problem really - difficult to say without seeing the terms of this particular perk, but I can see something like this could be very serious - your FIL I'm sure always intended to fill in the correct forms, but it sounds like facts indicate this could be pretty serious.

Common sense and a good record at his job should help. Presumably he is being asked to attend a disciplinary hearing? He should submit as 'evidence' a blemish-free record (assuming he has one?) during 44 years loyal service and assurance that he intended to fill in the form but it had slipped his mind or similar. He should take full responsibility for his failure to follow the correct procedure and apologise for it, and accept some disciplinary sanction.

It may be that under his disciplinary policy failure to follow the process for something like this would be considered gross misconduct. If they do take that line he will have the right to appeal the decision and I think a fairly decent appeal could be made that that is not a reasonable sanction based on his record at the organisation.

Get him to read the policy carefully as well. Sorry I can't be more positive - this could be serious but hopefully a good record and long service and a bit of common sense might prevail.

[Sam100]

I am not a leagle beagle - but the company should have an employment handbook which details how transgressions are dealt with - disciplinary hearings etc. You can get warnings (verbal), written warnings (more serious) and final written warnings (next incident and you are out). All this should be laid out in the handbook. If these procedures are not followed then your FIL would have a case for unfair dismissal if he were sacked without the full disciplinary process being followed. It is illegal to treat someone differently from the workforce due to their age and he should be treated the same as any other employee.

This incident sounds like a technicality and not a serious transgression like fraud or stealing - but for the paperwork there would not be an issue. Would suggest FIL heads off any trouble up front with profuse apology to MD (in writing), assurance that it has never happened before (if true) and that will never happen again and offer to reimburse the cost of the lenses if necessary. Presumably he has taken lenses and filled paperwork in in the past and can demonstrate that this was an oversight rather than a deliberate attempt to take lenses.

Your FIL is lucky to have a supportive DIL!

[Lorayn]

Thanks for the advice, FIL is now telling me that he has been asked to attend a disciplinary hearing on wednesday, for gross misconduct, am I right in thinking that is an immediate sacking offence?
DP is trying to find out exactly what is going on because as I'm sure you can imagine, FIL is taking the 'they just want me out' stance rather than 'what have we got to do'.

[flowerybeanbag]

Gross misconduct would normally mean instant dismissal, yes. I can well imagine FIL striding up and down saying 'it's outrageous they just want rid of me'.

He needs to calm down and think about what to do, you are right. He needs to go in very apologetic, along the lines of

'can't imagine how I forgot to complete this form, I always follow the procedure correctly, I am mortified to think I have done this wrong on this occasion, I have had a completely unblemished record during my 44 years here, take full responsibility for my error and hope that one slip of this nature will not mean the end of the career I love. I understand the serious nature of what has happened, but hope my long service and good record will stand me in good stead.'

Or something like that. He really mustn't march in all aggrieved and 'you're all out to get me' if he can possibly help it.

[Lorayn]

Thanks, he now has me, DP and MIL all telling him he has to grovel
Hopefully he will be able to sort it out, I've said to go in cap in hand and try speaking to his bosses with his last chance scenario being the appeal due to his record.
Fingers crossed.

[flowerybeanbag]

let us know how it goes.

[sleepdeprived72]

He will also have the right to be accompanied by someone during the hearing. It would be really good if he can arrange for this even if it's a work colleague as it's always good to have a second pair of eyes and ears in the room and will mean that he can concentrate on answering their questions rather than taking notes etc. If it is possible for him to have someone in there with him it is also good for them to keep him in check if he starts to go from apologetic to aggrieved in the hearing. He shouldn't forget that he can always ask for a break during the hearing if he feels he needs to recap. Hope that helps. In my experience for this type of offense and given his tenure a straight dismissal would be deemed hash by a tribunal. If his employers are smart they will recognise this and not want to be paying out for loss of earnings which potentially could be until he retires given his age. My money would be on a final written warning.. Good Luck.