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Need help for my husband

7 replies

girlylala0807 · 09/02/2011 17:57

Good evening,

My husband dissapeared a few days ago but thankfully is home again. Without saying to much he is going to be sacked because of it.

I tried to phone his boss but she wont speak to me. However, he has a sicke note. Should I still send it to her? Does she have to pay him monies owed after a he committed gross misconduct?

Thanks all.

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flowery · 09/02/2011 19:17

Why are you ringing his boss? Not surprising she won't speak to you tbh, it's between your husband and her.

If he has a sick note relevant to the time before yes he should send it in. In terms of pay he is entitled to be paid for work he has done, so he should get paid up to the last day he actually worked.

bethelbeth · 09/02/2011 19:18

Unfortunately if it was gross misconduct- depending on his contract- this is usually a sackable offence.

I don't think that his boss would be allowed to speak to you for confidentiality reasons, if you have a sickline for him I would send it to her recorded delivery along with a note explaining the situation.

I do hope your husband will be ok, I've followed your thread and I'm pleased you finally managed to make contact.

If he still wants his job I think the onus is on him to approach his workplace and hope they'll look at the fact he was AWOL with different eyes seeing as it's been a mental health issue.

I would suggest calling ACAS for some free, impartial advice though as it's such a difficult time for you all .

All the best x

girlylala0807 · 09/02/2011 20:09

Flowery: Sorry, under normal circumstances i wouldnt have, see here for further details.

www.mumsnet.com/Talk/_chat/1144944-my-husband-just-posted-a-suicide-note-on-facebook-help

Thanks bethelbeth, i never trhought of acas.

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prh47bridge · 09/02/2011 22:10

Even for gross misconduct the employer must follow the correct disciplinary process. If they fail to do so your husband may be able to claim unfair dismissal and any damages may be increased by up to 25%. There is a guide from ACAS here which sets out how disciplinary matters should be handled.

girlylala0807 · 09/02/2011 22:12

Thank you,

Im going to get a solicitor tomorrow. He will need one now.

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StillSquiffy · 10/02/2011 11:38

Oh girly. Sad I saw your other thread too as it all unfolded.

You need legal advice and it is probably best not to post any more of the details on here. I would send in the sick note with a covering letter and leave it at that. She will still have to pay him for salary owed and vacation entitlement up to the point of the act of misconduct at least. If the misconducted does indeed constitute gross negligence then his employer will be entitled to dismiss him without paying him for his notice period.

girlylala0807 · 10/02/2011 11:44

Thanks sqiffy.

Im not allowed to contact his employer so I will get the solicitor to do it when I see him on monday :(

Thanks to you all.

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