Gross misconduct....what happens next

[Bobblesandwool]

I really need to voice this to someone who can help please. Frankly I'm sat here so worried, that my DH is going to lose his job.

He has a gross misconduct meeting, and been given the notes of the meeting. Mentioned his breaks being long, not fulfilling his job role. They do have a clock in and clock out system, and it did mention on the letter that they were satisfied with his break times. Went over his job role, about if he asked to move to a different location, what does he need to do.

After the meeting he was told that's fine, they will investigate and be on touch. We really can't afford to lose his job and I am so worried about this all. Any advice from anyone who has gone through this, or something similar? If he was at risk of losing his job, would they tell him in the meeting.

This was just a informal meeting between him and 2 managers, he wasn't told anything about this prior.

Any advice I can be given, I would be very grateful. He just says it'll be fine, but having never gone through this I am so worried.

Firstly they’re never informal meetings. He should be given advance notice of subsequent meetings and be given the opportunity of having someone else attend with him.

What is the exact reason they’ve cited gross misconduct because slightly long breaks would t constitute gross misconduct based on any policy I’ve ever seen.

Gross misconduct is a term reserved for absolute breach eg drugs, violence, an act of incompetence that puts someone’s safety at risk

at most long breaks would be classed as ‘standard’ misconduct which would usually follow a process that includes several stages of warnings before risk of being fired, unless he is within probation period or first couple of years employment.

That doesn’t sound like gross misconduct to me?

No he was never given advance notice of the meeting, literally went back from his break and told can you come up and see manager, who he went up to see, and it took place. He did mention his union and then it says ' I will carry on with the meeting regardless' he was given meeting notes, which says gross misconduct charges, and basically a run through of the meeting and what was said.

Is he in a union? Is there an Hr department? This sounds a very strange way to run a gross misconduct disciplinary.

Please advise him to call ACAS and get proper advice

There things are not gross misconduct
Theres no such thing as an informal meeting
He should have been told all the details in advance and has the right to be accompanied

What’s the actual gross misconduct though?

Cross posted.

so, what is the accusation? Does it details what he’s being investigated about?

So in the document it says poor timekeeping ( he is always on time and work and leaves on time) it does mention putting other health and safety at risk, says about not scanning his badge, but this was never mentioned in the meeting notes, just reminded to scan his badge on exit and entry ( but again not something he can get away without doing)

He has been with the same company for nrly 8 yrs or so.

Thanks will tell him to do so.. honestly this is just the last thing we need to deal with. There was nothing given in writing for the meeting, just a informal meeting held.

When i see things like this i always wonder if the husband is wringing his hands and soliciting men on reddit to help solve his problems which he created.

My advice is to you OP ....as you are essentially just collateral damage in this mess.

Very honestly - they do not give out gross misconduct meetings willynilly.
I would not trust much of anything of what your husband says at this point.
Eg. He had very likely notice - they give notice to avoid lawsuits / tribunal claims.

They have given him meeting minute notes i suggest you read it thoroughly and understand exactly what they are accusing him of.

Realistically this tends to only go one way and sadly it is probably a case of FAAFO for your dh.... as while you valued his employment, it seems he didnt.

This is so strange, I had to let a staff member go for gross misconduct, he was essentially stealing from us, I had to follow a really y notice period, outline the issues call a meeting.

In the meeting he was told he’d be let go and then had to follow a process, there really was no coming back from his actions and it was all evidenced, but what you’ve said just sounds like minor things he should have had a few warnings for? Unless he’s done something he’s not telling you about?

It’s not informal no matter how they’ve framed it. He needs to speak to his union rep asap and refuse to attend further meetings without representation.

In what way are they saying he’s endangered others health & safety because depending on what they’re saying that could be gross misconduct.

I can appreciate how worried you are and it must be awful wondering if he's a victim of their convenience. But corruption aside, it sounds like something is missing from this narrative.

Is it possible the informal meeting was an investigation meeting and they're now deciding to move to a disciplinary for gross misconduct? Have you read the paperwork, OP?

That isnt gross misconduct. Could there be something else he has done that he is keeping from you?

This is the most likely. They have concerns that they’ve asked him about. Notice isn’t required to do this. If an investigation shows there’s evidence to support the allegations and proceeds to a HR hearing then he’ll get a copy of the report, notice of the hearing and a union rep can attend.
He’s probably not telling you the full story. Make sure you read the report when he gets it.
Also you have no way of knowing he’s always on time or hasn’t committed any serious breaches of H&S, you only have his word.

Yes I have read the paperwork, and yes I think this is what it is, and investigation. It's just so confusing because you see the words gross misconduct and thats all I can see at the min. I'm worried, and all he says it's fine, don't worry about it.

And yes because I am not the one who it is happening with, it's tough to understand, and you do only get a picture of what they say.

Is his workplace unionised? If so will they support him?

If not he needs to grab a copy of the company disciplinary procedure. It sounds to me that they have breached it already by not offering him the opportunity to have someone present with him.

They also need to share all the info/evidence with him.

Call UCAS. Get advice

So when they go to work, the have a clock in and clock out system. From there does not say he is late or leaves early at all. The document mentions timekeeping and they do look at his reports, for break times in particular. It says on it we do not feel you are take extended breaks as this is what you have been accused of doing. Break times are normal.

Honestly I've seen the report and there is nothing. Really isn't like he is hiding It from me. It mentioned about if he is asked to do other roles as part of his job as requested by the manager, what would he do. He says he would carry out the role requested. They asked are you satisfied with you performance, he says yes, his line manager has never complained about him, or mentioned anything to him before.

They were probably asking him general questions to see if he wanted to volunteer the information about the misconduct before the official meeting. Which he didnt. Something else has happened which was serious and hes either lying to you, in denial or does not realise his big mistake. Thats my guess.

HR Director here.

Lateness or other issues that you have described would constitute as “conduct” issues. Something more than that, such as direct refusal to obey orders would constitute as “serious misconduct”.

“gross misconduct” is reserved for cases such as theft, bullying, harassment.

Either he’s not telling you the truth, or they are absolute morons.

What is the "putting health and safety at risk" issue? That's much more serious than timekeeping.

It could be that someone (a coworker not his manager) has made a complaint about him and his timekeeping and they are obligated to investigate and as part of that they pulled the time clock records that did not support the allegation? Hard to know from the info
he gave you