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Can I fire someone for having an affair with my husband

87 replies

Sohumiliated · 25/01/2019 03:38

I don't even know where to start. My dh told me tonight that he had cheated on me, and with one of my employees. He says they didn't sleep together, just some kissing but as I questioned him it seems it was more than just a few snogs but more an emotional affair. It's been going on for about 4 or 5 weeks, they've been messaging, about 30 times when she was away over Christmas, lots of sneaky kisses. They even went on a date a few days ago.

To complicate matters further I am also his line manager. Without wanting to be too outing we run a pub together but I am the manager and he is employed by me (better pay and flexibility that way than being a management couple).

She has worked for the company for about 8 years and I transferred to the site she works in and became her line manager about 10 months ago.

He told me tonight because her dh found out from a text message he saw..

At the minute I don't even know where to begin with processing all this or even start thinking about whether me and dh can work through it but I do know there's no way we can all keep working together. I'm hoping she's at least got the decency to call in sick tomorrow.. But then what. Can I fire her? Or force her to transfer to another site?

What I really want to do right now is go full Peggy Mitchell and along them both out but I need to stay calm and not put my own job at risk.

OP posts:
Bluntness100 · 25/01/2019 06:33

I don't understand, he's your husband, the one with the commitment to you but she's the one you wish to fire? Are you sure? That's sounds a bit arse over tit really.

I'd understand if it was both, but just her sounds very odd.

confusedandemployed · 25/01/2019 06:36

You could explore dismissing for some other substantial reason, I. E. That the employment relationship has broken down irretrievably. However I'd think you'd have to sack your H too and I wouldn't go near this course of action without help from HR.

tinstar · 25/01/2019 06:38

Of course it's not odd Bluntness - it's a perfectly normal and common (as evidenced on Mumsnet) reaction. It may not be the right one but certainly not unusual.

ZenNudist · 25/01/2019 06:41

Hopefully her dh wont want ger working there any more but really id fire dh. He has jeapordised your position and she cpuld even sue for sexual harrassment and unfair constructive dismissal

FixTheBone · 25/01/2019 06:45

If you sack one, I think you need to sack both, otherwise there's an obvious argument regarding unequal treatment.

You need to ask an employment lawyer / hr whether it's actually possible to sack them, id be looking at quoting irrevocable trust issues because of their behaviour and that they have placed themselves in a position that makes it impossible for you to manage them with impartiality.

PearsandWine · 25/01/2019 06:46

Could you talk to her H and ask him to insist she leaves?

Talia99 · 25/01/2019 06:49

ZenNudist, I hadn’t even thought of that - she gets sacked or feels she has to leave and claims (truthfully or otherwise) the OP’s husband pressured her into the relationship using ‘my wife’s the manager, I’ll get you fired if you don’t’.

PristineCondition · 25/01/2019 06:53

I would make her life such hell that she;d leave willingly.

Yeah. Cause it’s all her fault....

snitzelvoncrumb · 25/01/2019 06:59

You are definitely going to need to talk to someone in HR. Find out what you can or can't do. As someone suggested talk to her, ask her how she thinks she is going to work for you, give her the opportunity to resign on the spot with a basic reference.

JenniferJareau · 25/01/2019 06:59

As others have said you can't just fire her. Appreciate this is your first instinct but trying to sack her without proper advice from Head Office HR you would be foolish to take any actions. Anything you can legitimately hold against her with regards to conduct of the relationship will also apply to your dh and you can't discipline one and not the other.

She may not return to the job and if so, that is one problem solved. However if her DH and her break up she may need the job and will stay.

Don't make any rash decisions. Talk to HR about what you can legally do before you do something that you will regret.

UniversalAunt · 25/01/2019 07:01

GITTOUTTAMAHPUBYOOSLAAGS!!

Now I have that off my chest...

If she works for the company, then they manage her employment contract & disciplinary issues, not you as her line manager, so you cannot ‘just sack her’.

Were both she & your OH not married/free agents & had entered into a relationship whilst working at the same location, one of them might be moved (at their request or given a hefty nudge) & this process would be documented in the employment contract, code of conduct or similar operational procedures. So moving one of them may not be a problem, you just need to find out company policy & get on with it. Given her length of service, I assume at that location, she will probably want stay put and you two would move. You cannot force her to move with you two staying as this starts of whiff of constructive dismissal. You & your OH might have to take the relocation in the chin. But that is for later.

So as a manager you need to get to grips with documented company policy, get your ducks in a row & refer this to your line manger/HR as this is all taking place on workplace premises, workplace time & will affect workplace conduct. It is not for you to solve on your own as there will procedures to cover this.

For your professional self-interest, the better you handle this the more likely you are to keep your job & possibly make a move that brings you some benefit - which is a conceptual bauble far away from the personal betrayal Flowers you are going through. Note the *caveats on speaking with your line manger/HR. You are obliged to inform them but before you do please give ACAS helpline a call as they may be able to bring you up on speed on workplace conduct & best practice, particularly in the pub trade. Also is there an association of licensed vituallers/pub management professionals with a helpline? I know nada about the pub trade but it seems that it may be contractually complicated.

Getting ducks in a row.
Are you going to present you & OH as a united team (knocked but firmly together) or are you uncertain of the future ? You need to know where you stand as a couple because you need to keep your professional mojo spinning. Your relationship may/may not survive this betrayal but why should your livelihood & what you have worked for be affected ?

Hmm, OH’s hand has been forced as her OH now knows. I think he had no intention of telling you & I am sorry to say you will have to drill through some deflecting crud to get to the truth. All the better for you to make the best decisions for you.

So, taken at face value, your OH is saying that a week or so before Christmas they went from everyday co-located colleagues to a frenzy of texting whilst they were apart for a few days, have just been kissing since & had a date a few days ago. Is that credible ?

Hmm, well I would not call that an emotional affair, I’d call that out as the early stages of a full-on affair - all that furtive, intensive yearning, betrayal, snogging stuff going on, not to mention the sneaking off together. Not slept together...yet. How did they get a recent ‘date’ past you & her OH ? Where did they go?

I think you may find (sorry to say) that this has been going on for longer & that the txting has been better deleted in the past. I wonder what prompted her OH to come across the message on her phone?

At this stage I think your OH is presenting a plausible low key story so everything can soon be glossed over. Emotional affair, pah just a bit of a flirtation. No need to fuss, will soon blow over. Blah, blah & thrice blah.

Your OH has to keep his job & his marriage, so he will minimise.

Sorry so much to say, time for stiff caffeine & creamy porridge.

Auntie Bear.

UniversalAunt · 25/01/2019 07:02

Damn, the **attached to line manager/HR did not come out as planned.

Holidayshopping · 25/01/2019 07:06

I would imagine her DH isn’t going to want her to continue working with yours either.

You poor thing-what a situation. What are you going to do?

TulipsInbloom1 · 25/01/2019 07:09

Maybe you could offer her a reasonable departure settlement?

Jaxtellerswife · 25/01/2019 07:13

If you had to could you adjust / reduce her hours to the point it's not good for her to be there?
I wouldn't want her there either, however I'm sure she won't be back.

Mummyoflittledragon · 25/01/2019 07:16

No I don’t think you can do this. It will smack of revenge.

Have you seen the texts? Do you know her husband? Are you thinking about discussing the content with him?

I think you need some hr support before confronting her and I would imagine you should contact head office. You’re going to be the most valuable employee, surely?

Tara336 · 25/01/2019 07:19

I’d take her to one side and tell her your u know and suggest it’s in everyone’s best interests that she considers leaving. Pretty sure her OH won’t like the idea she continue to work there after having an affair with a colleague

SoupDragon · 25/01/2019 07:27

I would have thought she would be keen to transfer to another site. Or you could I guess.

PeakTransedAgain · 25/01/2019 07:36

I know someone where that this happened. Both employees claimed it was not a company issue as the affair did not happen sighing working time/on premises and their personal devices such as phones were used to keep in touch.

In the interim period of investigating it the manager (ie your equivalent) was not able to line manage either employee, so she was moved teams. Then the company decided they could not ask either employee (other women/your husband equivalent) to move roles as it could result in them raising a grievance. So the line manager (your equivalent) was the one to permanently move roles and took a sideways move to another part of the business where she no longer had to work with either of them

To clarify in this organisation it's against policy to line manager a partner of family member. So she didn't line manage her partner, but they did work closely together with her being more senior. Imagine she was a manager and he was a team leader for example. So lots of collaboration between them but both were line managed by an Area Manager. However the wife did line manage the other woman

Fozzleyplum · 25/01/2019 07:36

OP, were you after a moral or legal opinion? You're getting a lot of reasonable comments about the former, but some very dodgy advice about the legal position (I'm an employment solicitor fwiw). If you are contemplating continuing to work with your husband, but can't see how that can work if the OW stays, please go and see a specialist solicitor.

MrsElijahMikaelson1 · 25/01/2019 07:42
Flowers
Bluntness100 · 25/01/2019 07:45

Of course it's not odd Bluntness - it's a perfectly normal and common (as evidenced on Mumsnet) reaction. It may not be the right one but certainly not unusual

Well yes, agree, on mumsnet, punishing the other woman and forgiving rhe husband is rather common. But it's still fucking odd.

Honeyroar · 25/01/2019 07:53

With a bit of luck she might be too embarrassed to work with you anyway?

But that’s the least of your worries- he only confessed because they’d got caught- her husband probably said he’d tell you.

VaggieMight · 25/01/2019 07:53

This reply has been withdrawn

This has been withdrawn by MNHQ at poster's request.

ADarkandStormyKnight · 25/01/2019 08:07

OP I imagine things will unfold over the next day or two and sacking my not be required. Hopefully she’ll resign.

Don’t do anything in haste.

Focus on you and your husband and where things are going between you.

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