Son (17 yrs old) received investigation letter for gross misconduct

[JustV]

My son has started working at the end of October 2025. He was really happy, exited and really liked his job. However, be was suspended today (after he finished his shift) and was given letter for investigation meeting, gross misconduct.
Allegations are: abuse or failure to follow any of the company's policies or procedures also insubordination and failure to obey instructions or perform work as required or defined. Only 2 incidents mentioned. No evidence provided. He cooked 8 meats instead of 6 and 4 pattys instead of 2. I can't see this as gross misconduct. It wasn't mentioned what specific policy/ procedure he breached. It was second time he was cooking pattys. No previous worning given. I find this to harsh. He is new in a very quick phased job, he follows instructions and listens to his mangers and if this happened it was genuine mistake. How we should approach this? His wasn't properly trained, no clear communication (one manager says this another something else), no warning given, he needs to work quickly and sometimes he hasn't got enough time to think.

Can pretty much let anyone go on probation, it’s very easy to do.

No, he wasn't rude or disrespectful. He wasn't provided with any evidence, just accused. So who know what do they mean. He needs to ask explanation from the manager. 🙂they just follow process to protect themselves.

Yes, they can, but need to follow fair and lawful procedure and document everything.

Insubordination? Has he tried to stand up for himself or argue back.to his manager? Could be something like this.

My son was in a similar position, there are things the company should be doing, like checking in with him regularly, keeping him up to date with the investigation. A suspension should last absolutely no longer than necessary and only a last resort. The company my son worked for a large supermarket chain, with a middle isle! 6 weeks later there was no end to the investigation on the horizon and he ended up resigning, fortunately he did have other job offers. He worked for the for 5 years, so he is looking at constructive dismissal and Acas believe he has a case.

I would suggest speaking to Acas. Remember any meeting he is called to he has the right to take a friend or colleague who is not acting in a legal capacity!

No they don’t.

It may be wise to if they are concerned the employee may claims it was discrimination, but generally speaking with less than 2 years service an employee has very little rights.

If an employee is pregnant or on maternity leave they are entitled to have their reason/s for dismissal in writing, but I’m going to assume this does not apply to your son.

You also haven’t mentioned anything that would indicate his dismissal would be for an automatically unfair reason.

No. They don't. They can just bin him. Sadly this appears to be what they're doing

@JustV none of that is his fault, sounds like very poor training, and not eally enough time to pick things up. Sounds like a toxic work place. I once had a temp job in a cockail bar in a hotel no training whats so ever, so think people were getting doubles for the price of a single
😅 so employers fault for poor training.

He has had the job for about 6 weeks and already the bosses are finding fault (justified or not), he might as well give up that job and look elsewhere. No point prolonging the agony. Gross misconduct probably means they just want an excuse to sack him. Outsiders know nothing about the culture in that kitchen but I doubt if it is good for him.

They won’t be doing this to “protect themselves” of “document” because they don’t need to, that’s the point of the probationary period - so they can say “you aren’t working as we’d like / you’ve made too many mistakes / we just don’t think you’re a good fit, so we won’t be keeping you on.” They don’t need to document anything or follow the same procedures as for employees who have the protections in law provided by more than two years’ service. Investigations like this when he could simply be dismissed at will are usually about a) making an example to other employees and b) the manager being able to report to their franchise / head office that they take action on “employee offences” for their own KPIs and progression.

I wish your son well, and this is one of those situations where it’s just better to quit whilst he’s ahead. It’s a hard lesson to learn but better to experience and get to grips with it in a part-time job now than later on. Regardless of the outcome of the investigation, he already feels his manager dislikes him and they’ve shown they’re willing to make an example of him if he slips up. It’s not going to be a happy place to work with that over his head. He won’t be getting any more shifts whilst all this is going on, so he’d do much better quitting and putting his efforts into finding a new job somewhere else and not mentioning this one, than showing up for investigation meetings.

Is he in a union? This is the kind of instance in which attending the meeting with a union rep can be very helpful. Many UK unions have frolicked off into realms of make-believe on a number of HR issues but this sounds like the kind of gig they can still manage.

Totally agree!

Sorry but he can . Probation offers no additional employment protection, it is a period to assess he is up to the job and possibly has a shorter notice period. Any time within two years they can let him go without a reason or investigation except in specific protected circumstances. What he may consider banter they may consider insubordination. Jobs like this are a learning curve, as much about what is acceptable behaviour in the workplace and how it differs to school/ college and among friends, As to those asking about unions etc, what teen thinks that seriously about their employment protection and potential issues.

This sounds like McDonald’s, they get all food anyway, they are tough to work for, but this sounds v v wrong. He needs to have someone with him

Make sure he emails, no phone conversation

He doesn't want anyone I suggested. He said others done same mistake too. And still working. He naively believes he will be fine :)

He would be well advised to join a trade union. They probably won't help him with this issue but will if similar things arise in future.

Firing someone for gross misconduct allows an employer to enact summary dismissal - letting them go on the spot without notice or payment in lieu of notice.

So if his contract stated a week's notice, they'd be saving a week's salary.

I knew which restaurant this was from your opening post. My knowledge of this is some team members feel it's more efficient to cook a full batch on the grill and encourage new members to do the same and then some managers talk about wastage and only putting on what you need. It's a very fast paced station and the managers then complain if customers are waiting too long. It takes a while to get the balance right based on how busy it is.

They could be going OTT as he hasn't progressed quickly enough and they don't want to train him any further. Hope it doesn't knock his confidence either way, everyone has to start somewhere.

You cannot 'just bin' someone for gross misconduct. Gross misconduct means they won't pay his notice period.

If they do this and his actions didn't actually meet the threshold for gross misconduct, this falls under Wrongful Dismissal, which does not require two years service, and he could sue for breach of contract.

Sorry, I think you have to let him plough on and learn from his misjudgement. The naivety of youth! I suspect there are parts of the narrative he has overlooked. He may soon discover he is not indispensable, sadly.

Family member recently went through a complaint process. What was stated in the original letter had no outcome and they didn’t discuss it in the final review. Instead they said that family member and 2 of her colleagues had complied with organisational rules at one level, but not at another and they should have known!

I advised that person not to leave during the process but see it out. They are older than your boy, not in hospitality either. They felt the amount of information provided to the investigator could only have come from the immediate Boss who signed off on the original request.

they were told not to speak with any other employee during the process which I think is disgraceful and alienating. Fortunately one colleague spoke up, another from the same dept also faced disciplinary action over another (vague) matter and was quite vocal as to the failings of the shared Boss.

staying for the full circle of the investigation was a learning curve for family member. They have come out of it stronger, wiser and with more colleague support.

whatever you Son decides, it’s his own race and I would say don’t allow the management to dictate to him who he can and cannot speak to in regard to the matter. Quite possibly others have gone through it too, and it’s somewhat re-assuring when you (he) has done his best, to know others have walked the same path.

From your original post it seems like this meeting is purely investigative - so they will be asking him questions about what he did and why.

If he's then invited to a disciplinary hearing, he'll likely get a more complete list of infractions.

Maccies by any chance? Ds was in a very similar situation.. A colleague gave him a drink that had been paid for but not collected... Fabrications were made regarding the situation.. The manager sacked him and gave his job to her gf's dd..
A week after another manager suggested he go for promotion such were his manners and attitude to the job..
He was 20. Left him very deflated..

No. They could have given him a week's notice today. They do not require any reason to do that. He's only been there a couple of months, he's on probation , and his mother has given no hint of any protected characteristics. Instead they've suspended him and are carrying out an investigation into insubordination and gross misconduct. That is likely to take longer and has a much higher threshold to meet. It will almost inevitably cost them more. It would have been far, far easier to just let him go. That's why a lot of us think there has to be more to it.