DP told he is bringing employer into disrepute

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My partner, along with three other colleagues, has this week been informed by his employer that he is being investigated for bringing the company into disrepute. He was told this at a group meeting on Monday and again at an individual meeting (him, employer, HR rep taking notes) on Friday.

The purpose of the individual meeting was to actually to extend support to dp in finding another job -his post is marked for redundancy. So it began with offers of support and ended with the threat of an investigation but no mention of the process or timeline to be followed.

I was hoping that somebody might be able to tell me what the process is for this sort of thing. I am assuming that if the employer wants to they will go for a disciplinary and dismissal. However they have not mentioned this.

I have told DP that I will pay good money for legal advice if he wants it but I am not sure if it is too soon. Pointers on when to bring in a solicitor would also be welcome.

Have they given a reason why?

This sounds very strange. What is he supposed to have done? I think what you do next depends on a) whether he did the thing at all or if he is being unfairly accused and b) whether it is reasonable to expect him not to do whatever it was.

Yes. Although I am really trying not to give too much away. We are all feeling very paranoid at the moment.

Two weeks ago the four of them were told they were guilty of slander and defamation of character. Since then the employer has reviewed their work emails and has found evidence which they say will support the allegation of bringing into disrepute. Slander and defamation appear to have been dropped.

For DP the evidence appears to be a number of emails he has sent to senior colleauges in an arms length section of the organisation. These emails consist of him disagreeing in the strongest terms with some strategic decisions recently made by his employer.

It seems like a storm in a teacup to me but what do I know.

so he's slagged off the company?

Well, if they have proof in the form of emails then I'm not sure what you can do.

He is surely entitled to see the evidence?

We-ell, company into disrepute usually refers to things you say/do outside of the company so if they were technically internal e-mails that shouldn't really count? Although slander/defamation of character might.

Normally I suspect it would be storm in a teacup but if his post is marked for redundancy then they might be thinking they can brand him a troublemaker and save them the effort...

Is he part of a union? He should contact his rep.

Am not an employment lawyer though...

I don't know about slagging off necessarily. He has expressed concerns about the fairness of certain decisions being made and his disagreement with these deicisions.

They showed him the emails at the meeting but did not give him copies. He will request this.

He is not part of a Union which is why I am thinking of contacting a solicitor.

I think a solicitor might be a good idea, as it sounds as though he is being made a scapegoat and might have a case for unfair dismissal or something (i am not a lawyer). It depends, a little, on whether his emails were along the lines of 'I protest that this is unfair because (with clear reasons)' or whether they were 'YOu cant do this you bastards, fuck you!'

The emails were in no way personal or offensive. It could be argued that they were interal emails. I do think taking the advice of a solicitor is the way to go since neither of is sure what constitutes bringing into disrepute.

As for being made a scapegoat, I think could also be argued. There is a back story.

I wish he would just hand in his notice on Monday morning and we could be shot of this. However when it comes to fight or flight DP is firmly in the fight camp whilst I am soaring away into the blue sky.

If you're involving a solicitor I would involve them ASAP.

Can't see how an email sent internally can "bring the company into disrepute" as he has not sent anything to any person outside the company. He has merely voiced disagreement with company decisions with company officials. That can not be a disciplinary matter as long as he was not abusive about it.

The fact that the process of consultancy over redundancy has started makes it even worse for the company as it points clearly to then trying to save paying redundany pay by cooking up false charges against your DP.

This could only result in immediate dismissal if the allegation is considered gross misconduct, anyway, and I can't see any way this could be.

Have a look at your home insurance to see if it includes family legal cover, as this will usually cover you for employment disputes and they often have a free legal helpline who can give you immediate advice.

I would not be too worried, I can't see that they have any case if these emails are all they have against your DP.

Depends on the content of the emails really but, as others have said, it could be difficult to prove he has brought the company into disrepute if the emails were sent internally.

If there is to be a disciplinary case after the investigation, he would be entitled to see all the evidence gathered and have the opportunity to question it and put his side.

From what you have said, it seems tenuous for a dismissal case unless he already has an active warning on his file or the content of the emails is abusive/derogotory.

Are the people who are the subject of his emails the same people who have initiated the investigation? His emails could be considered a grievance and he may have a victimisation case i.e. he is being singled out because he has raised concerns about decisions/actions.

Sounds like you may need a solicitor as it could messy with the redundancy aspect too. Good luck!

I have read a number of threads like this recently on MN. All involving a person being told without warning that they are subject to some kind of unknown and disciplinary action yet always there is also a redundancy process going on as well in the firm.

My strong impression is that firms are being advised as standard by employment lawyers to bring disciplinary action against employees rather than redundancy as a legal or tactical manovre. This is designed to both frighten and bully employees into agreeing terms for a quick settlement and to provide evidence against the employee in case they go dare to go for unfair dismissal. It also avoids them having to pay redundancy pay.

Incidentally, the HR person taking notes and it all being sprung on the employee as a surprise and with the firm being unwilling to provide any real evdence is a sure sign. The emails are troblesome but raking through email is standard practice for firms wanting to get rid of employees. The emails were not sent outside the firm.

Lawyers are expensive. I advise not to use one for a small case like this. It makes you weak as the costs wrack up. The firm has to prove the employee did something wrong not the other way round. Gather eveidence and get documents and write letters simply refuting their claim. Do not admit anything. Point out you know that the firm is slecting people for redundancy.

If they threaten redundancy or dismissal record it in a letter. If they go ahead, tell them you are going to a tribunal. They will offer settlement as it will cost them a lot to take it all the way. You are stronger if you are not incurring costs. It is possible to do it yourself.

Are they trying to sack him to avoid paying redundancy? Or force him to resign, for the same reason?

I agree with BeenBeta it's too early to get a solicitor. Wait for disciplinary proceedings to start, if indeed they do.

I'd be surprised if hr are involved and processes are not being followed. IME hr are usually not involved or not given the full story when things go wrong. Because we know compromise agreements and settlements to avoid tribunal proceedings are much more expensive and time consuming than managing redundancy situations properly.

I would not be rushing to pay for a solicitor at this stage, but would be worth looking at your insurance to see if you have a free legal helpline and if so talk things through with them to get some tips on where you stand and how to handle any meetings.

Thank you all for responding. It has been very useful to get some perspective on this.

We have decided to hang fire on consulting a solicitor. We will wait for their next move. Having brooded on it all weekend DP is confident that they have got a very shaky case against him and is prepared to fight it with or without his own solicitor. I will support him as much as I can.

Thanks again everybody.