AIBU to fire an Employee for having an affair with my husband

[Hanch99]

Ok, not me. But my mom has just found out that her husband (my step-dad of 27 years) has been having an affair with an employee. They jointly own a company. My step-dad has been having an affair with one of the company managers. Now my mom in haste/pain/anger has fired her.

Can she do this? I don't want her to get into trouble or for there to be any legal action against the company but i also understand that she can't face seeing her, whilst trying to run a service base.

It's very messy and sad.

She is not being unreasonable to fire her.

But she needs to cover herself and do it through the right channels.

@IndieTara it's amazing how places so close have such different spellings - I went to uni in Brum and all my Brummie friends had never heard of people in the UK using mom either, only the Black Country ones.

I would be getting a letter off to her "gross misconduct, sexual relations (or whatever) in working hours" the now Ex H will be fine as he's a director, so covered under different rules.

Assu in she has more than 2 years service, I’d say your Mum is on shakey ground. Even so, she might have sex discrimination claim

She hasn’t sacked her for breach Of implied terms, or sex in the workplace or anything other than shagging her husband.

Based on what you’ve said, I would say its unfair dismissal, and I wouldn’t be making a Polkey deduction either.

@ThatCurlyGirl I was just thinking the exact same thing

There is proof that things happened in work time as-well.

Which is surely gross misconduct?

@IndieTara i am actually a brummie but i do not live in Birmingham anymore 😂. But still use 'mom', all my friends and family do also.

Thanks for the advice everyone. I think she does need to get some legal advice which i will advise her to do so in the morning. If she isn't up to it (as still in shock) then myself and sibling will do it on her behalf.

It is just such a rubbish situation to be honest. Married 27 years 😔.

Also my mom isnt sure about the 2 year thing she needs to check tomorrow as may just be under or just over.

Your poor mum OP, thank goodness she has nice kids like you to help her with this! Hope everything gets sorted out, sending positive thoughts

really sorry to hear this, regardless of what happens i hope your mother finds her happiness again!!

The reasonableness test is Iceland Foods though. Does this fall into a range of reasonable responses from a reasonable employer? In this case I'd say it does. Why in a small enterprise should the joint owner be expected to continue to work with/pay wages to someone who has had an affair with their partner - whether they are owners too or not? It's not like a large organisation like the NHS where there could be solutions such as changing work location so their paths don't cross. This is a small business where the OP's mum is directly involved and has ownership. On that basis I'd argue it passes the reasonableness test and so the procedural aspect is irrelevant.

That's really awful OP!! personally I would have done the same thing- I don't know about the legal side of things - but I would have fired her too in your mums position!! probably on inappropriate behaviour!!!

for your mum!!

Keep us updated and send love and hugs to your mom. Stay strong!

It depends on what was written into her contract regarding professional working relationships and behavior and what would constitute misconduct.

It absolutely does not depend on what is in the contract. She'll be covered under a number of implied terms and SOSR otherwise. It might be different if it were a large unionised organisation where people could be reorganised so not to cross paths, but this is an SME in which the OP's mum is clearly a manager. How can they be expected to work together after this? It's not the role of a tribunal (it wouldn't get that far) to substitute their view for the managers, but to check if it falls within a band of reasonable responses. Clearly it does.

Let's just be grateful the company does not have to pay Maternity Pay.