Help. DH suspended from work pending investigation.

[Welshcakes28]

DH has been suspended from work pending an investigation. I can't say exactly what it is because it would be too outing. They haven't specified if its gross misconduct or breach of company policy. I could best describe it as something he's done which undermines the integrity of the company. I don't think it's as serious as gross misconduct but I'm speculating and to be honest I really dont know. They have said he can't speak to anyone except a legal representative. So what should he do next? How best to prepare for the next meeting whenever that may be? I'm expecting he will be sacked. If that is the case, what can he expect? Should he ask for a reference? They have sacked alot of employees over the last year for more serious issues and typically they have paid them off, given a positive reference and requested they sign an NDA. They are in a cost cutting phase and were looking to get rid of staff anyway so this is convenient.

Well, I understand why you don’t want to comment, but nobody can offer an overview without knowing the specifics.

With the vague information provided. I think the only advice can be to speak to a Union Rep or. Legal representative.

If he’s undermined the integrity of the company, and it seems you’re not disputing this - why do you think he’s due a positive reference?

How do you know they’ve been paid off if they’ve signed an NDA?

I don't think anyone on Mumsnet can help with something this specific. Be guided by the union rep.

Or ACAS? But if he has spoken negatively to a competitor or on sm , for example, that is a serious lapse of integrity. Are they currently investigating the allegation?

@LIZS he hasn't spoken negatively on sm. I'm sorry I can't say more as im so worried it will be too obvious and it's quite a specific thing - a deliberate misrepresentation of something. I suppose what I want to know is at what stage should he get legal advice. Presumably after the outcome of the ongoing investigation. As right now we don't know alot.
@Smithhy it's common knowledge that's what they have been doing (even though it shouldn't be) - they sack people all of the time.
@SilverChampagne even when employees have been sacked for gross misconduct they've given them a positive reference, a payout etc in exchange for them signing an NDA. It's a small industry, everyone knows everyone.

I would not be assuming they'll sack him then give him a reference & a pay off? Not sure why they'd spend company money doing that when a dismissal is free and low risk - providing there's a fair reason for it and a fair process has been followed?

Anyway- advice would be to read the company disciplinary policy and ACAS guidance online, gather any evidence, explanation and mitigation he wants to put forward to the investigation or hearing managers, look at your finances and potentially how you're going to manage without his salary for a while.

He needs a lawyer now I think. Especially if he is on a senior salary and can afford it. Do you have cover on your household insurance?

What are the NDA’s actually for?
It’s not illegal to sack someone for gross misconduct, there’s zero reason for these people to be given payoffs and positive references.
I suspect you don’t even have half the real story, or else you’ve wildly misunderstood.

They have said he can't speak to anyone except a legal representative. So what should he do next?

Speak to a legal representative, I'd say.

I didn't think most workplaces gave positive or negative references any more, just factual ones (dates of employment, etc).

@SilverChampagne they usually request NDAs because they don't want former employees bad mouthing the company to clients etc - it's a small industry.
I understand they don't need to give pay outs or references but this is what they have been doing.

Thanks @Arran2024. Do you think he should have a legal representative for the next meeting with HR? He doesn't know when it will be as yet?
Financially we are in a good position so we are not worried right now on that front.
@Inezz he can't access the company disciplinary policy as whilst he is suspended he doesn't have access to any of it - shut out of his computer. I guess he could ask for it.

He should definitely ask for a copy of the disciplinary procedure and if you can afford it definitely legal representation at all meetings

Get him to set out what happened, go to a lawyer and lay it bare, get lawyer to advise him on what to do and if nec accompany him to meeting. They should have evidence and present it at the meeting and he needs enough backbone to not admit to anything to take the evidence and walk away, he needs to establish what sort of meeting it is and if he is entitled to someone at the meeting with him - which if poss shld be the lawyer but may have to be a union rep

Check Policy and process at work if he still has that access (and print it off pdq as if they see he has been on line they will block him if its that serious) so that you are sure they are following their own procedures. You can also then check if they are following legal procedures as well in terms of what official government guidance on the processes shld be.

Certainly don't sit back and let it all happen to him fight his corner and then present them with an outrageous settlement deal. I dont agree with shut up deals but its the way to get the most money out of them and yes include an agreed reference. They really dont need to say more than yes worked here from x to Y. But get them to agreee no telephone referencing etc to avoid off the record bad mouthing etc.

He needs to ask HR for written copies of the grievance procedure, the company policy he's supposed to have breached, the complaint against him in full and a timeline of next steps. Once he's got those, speak to an employment lawyer who works in his field who can best advise him on whether to fight the gross misconduct or negotiate his exit, which I suspect is what the others with the NDAs have done.

He certainly needs legal advice now. There is no point in waiting until the ship has sailed, and the inquiry is complete. However damming the evidence he needs help with putting his case.

Thank you @RB68 and @DowntonNabby - I've been in panic mode and just needed to figure out what to do next and that is really helpful. We are overseas in Europe but DH works remotely for a UK company.
I think whilst he is devastated at the prospect of losing his job I'm more inclined for him to fight for a settlement. It's a toxic work place, people fired, people leaving all the time, people off sick with stress and they really shafted him when he joined by not honouring his employment contract as well as changing his role and a whole load of other stuff. It wouldnt surprise me if they didnt follow procedure. It's been a shitshow from the get go. This is not to detract from what has happened but to give an idea of my feeling on it all.

Happy to help. If that's your gut feeling, instruct an employment lawyer to manage his exit. It sounds like the company won't want him going to a tribunal, so a good lawyer should be able to negotiate a good reference and a lump sum in lieu of a notice period and holiday. In the meantime, get your husband to sit down this weekend and write out his side of the story and all the incidents where it's been a shitshow. If he still has access to messages/emails etc, get him screen-grabbing asap!

@DowntonNabby we have had a chat with a friend who is a lawyer (albeit not in our country). They are of the opinion that the company deliberately told him on a Friday with the intention of sacking him on Monday - it's all ready been decided. He suggested a few things 1) we put in a grievance with dates etc for all of the things they have done in breach of company policy and DH contract. Alot of dirt there racism, assualt, bullying and a whole load of other terrible things which i cant mention because its too outing (with a paper trail to HR and none of those issues dealt with). - we are hesitant to do that right now given that it's like dropping a nuclear bomb but he thinks they would then have to investigate which would delay everything. 2) Get a sick note to buy time as we need to appoint a lawyer 3) request gdpr for access to DH emails that he's blocked from 4) refuse meeting with them until we have appointed a lawyer - can we do that?
I think what we want to achieve is the best exit package possible.

They can dismiss and investigate post his termination, as the complaints are not related to his conduct. They can also can terminate when he’s on sick leave. You can refuse to meet till you get a lawyer but that will need to be in a reasonable time. They can also potentially suspend without pay on the meantime.

id also be careful, with all this we, I understand you’re supporting him, but you are not putting ina grievance etc as you’re writing. He is.

@ThatCoralShark thanks for highlighting that. We are not in the UK but DH is employed by a UK company but we have a local contract. I have done some research and here he could go on sick leave for a max of 90 days and they cannot fire him during that time. After that time they can fire him but still have to give notice.

No of course he is dealing with it. I use we as we are a team and I'm trying to help him as he's not really in a fit state to deal with it himself right now.

I’m not so sure you can go on three months paid sick leave after you’ve been suspended for gross misconduct?

OP I believe you can go off sick while on suspension in the UK but the disciplinary procedure up to and including dismissal can still go ahead. It won’t necessarily go on hold until your DP returns from sick leave.

He's been suspended pending an investigation @SilverChampagne no mention of gross misconduct as yet. Here you cannot have your contract terminated if you are on sick leave.