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.

@StormingNorman yes that's right, that applies to the UK but here it is different from what I can gather. They can't do anything until after the sick period ends.
I'm not sure it's a route DH wants to go down but would like to buy some time to speak with a lawyer.

@Welshcakes28 Thinking ahead but...worse case scenario and he loses his job...would your wage alone cover the basics?
Hope it's all sorted soon and he can put this behind him. It must be hell.

Thanks @Youthiswastedontheyoung I have been a SAHM since we moved here a few years ago. I had a career in the UK and that industry does not exist here. I have since gone back to uni and retrained but have had no luck applying for roles so I've been learning the local language to try to boost my chances and do some volunteering.
We are fine financially and the unemployment benefit is generous so on that front we are OK. But we are worried about losing the visa to stay, that seems inevitable now. One thing at a time though. We seem to go from one crisis to the next.

@Welshcakes28 What's an unemployment benefit?

@Youthiswastedontheyoung if you lose your job here for any reason you can claim unemployment benefit whilst you look for a new job, it's the equivalent of job seekers allowance in the UK.

@Welshcakes28 Ah thanks - I think I'm with you. So your hubby could claim that? That's a positive.

If his employment contract is governed by a law other than England and Wales its pretty pointless asking what the legal position is here then without saying which country?

You say it is something against the integrity of the company. If he has brought the company into disrepute (over here) then he can be sacked with no notice for gross misconduct. They have told him to seek legal advice so I suggest you do follow the legal advice for the country you are in.

If his visa is attached to that specific job then yes that will also be an issue and he should get advice in that regard too.

What country is he in where a doctor will sign him off for 3 months, and the company needs to keep paying him and they can’t fire him?

An employer would generally only use suspension when they are investigating allegations of gross misconduct, so I would be prepared for this.

You won't be permitted to bring a lawyer to any meetings. Your DH has a right to be accompanied by a colleague or trade union representative, but only at formal meetings, not investigation meetings.

This is why you need a lawyer

UK company but based abroad - which law takes precedence in conflict - most UK co would say UK law but we don't know and sounds like you dont either

Them not being compliant to contracts/racism and other issues is a bit of a red herring at this point - but useful when negotiating settlement in stage two

Just because they have scheduled a meeting for Monday doesn't mean you have to go - its not enough notice for one, especially if they are expecting you to get legal advice. I would write an email to the effect you will not be attending as you have booked legal advice but not yet been able to receive it because of the insufficient/unreasonable notice for the meeting.

First thing Monday set up legal advice asap and ask for free dates to attend a work meeting from the lawyer, even if online over zoom etc. Then offer this as a date for a meeting as an alternative in your email to HR. Do not be kowtowed into a meeting prior to that or even get caught in a meeting with the relevant people - just hang up if that happens.

FOr lawyer advice you will need a copy of hubby's contract and anything received from HR

Yes to putting in a freedom of info request - but timelines are not immediate on that - but again don't be kowtowed into a meeting before that available.

It is normal that the employee goes off with stress in these circumstances - it is not a good environment to be in even if remote - I suspect he will be cut out of all comms except via HR. Get the FOI requests in using lawyers wording, follow his advice, be very objective in dealing with it = try not to take personally and get emotional - leave that till all over.

Don't just push for notice and leave there should be an additional sum, particularly if they are doing this to avoid redundancy etc. That's the point where you start bringing in the other issues not dealt with by HR and if pushed start talking about how that would look in the papers. Holidays and notice period are payable by law they can't withhold it for an NDA, any settlement it is more usual to have an NDA.

Be ready they will utilise every malicious act they can to corner you. I have guided friends through at least 3 of these and all won with significant settlements - 2 went to tribunal and got strips ripped off them by the judge for their actions.

You have to show you know the law, have the support of good lawyers and are prepared to stand up for yourselves. It takes nerves of steel to be honest.

I should say they should be offering to pay for the legal advice as well I think but you need to check that out and if not include it in the settlement

OP any advice you are given on this thread is going to be based on UK law. But you say your DH has a local contract in whichever mysterious country he's working in so 95% of what you're being advised here may be completely irrelevant / not applicable. So you really need to say which country and/or consult a local employment lawyer.

OP, you seem to have had good advice from a lawyer in the country you are in and you also seem to have a good handle on your H's employment rights there so I am not sure how you think people on here who don't even know which country you are in could help you any more than that

Now would be a good time

Most of the advice on here is irrelevant as he will be subject to local employment law. Get a local solicitor

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'd be very wary of believing this. People lie and people exaggerate. Especially to save face. And if someone is allegedly breaching the terms of an NDA, they're hardly a person of good standing who you should trust.

Apart from the advice to get advice based on the law in the country your contract is based on, this is very good advice - there are obviously differences in law between countries, but there are certain consistencies too. One of those is that employers can often action references that are falsified / untrue. If his employer is giving positive references to people who have been dismissed for gross misconduct (or any other misconduct) then that is a very dicey position to put themselves in. If it's that small and that niche a sector, the truth will out, no matter what appears to be the case. "Confidential" or "secret" generally lasts about as long as it takes for someone in the know to get to the nearest place for a fag break or a coffee.

I would have thought that the issue here is for the OPs other half to leave without having "sacked" on his record. Official company references just give factual info. A "good" reference would surely come from an individual in a personal capacity, which is a completely different thing.

Official company references just give factual info
(a) That is a fiction. Some employers give on factual references, others do not.
(b) That does not change the fact that word gets around, espcially in small sectors where everybody knows everybody else - bear in mind that the OP "knows" about this purported practice so so do others.

It is only factual information https://www.acas.org.uk/providing-a-job-reference/what-employers-can-say-in-a-reference

Disclosing someone’s dismissal for gross misconduct is a perfectly factual statement.

It sounds like after getting that exit package, you might also want to contact the local paper in the area of the company's UK headquarters and suggest that they have a nosey round among recently-departed employees.

Will you get unemployment benefit in whatever country you’re in, if your husband is sacked and you lose your visas?

That’s very lucky you’re fine financially as a SAHM and a DH that’s about to lose his job (and home?)?

@Welshcakes28 if his employment is governed by Uk law I would try and ring ACAS asap. I know you are abroad but the hr policies will be in Uk law (I presume).

My partner was suspended pending investigation from his toxic workplace just over a month ago (on a Friday) and submitted a sick note for stress on the Monday. He had his union supporting him. He was told that his suspension and the investigation superseded his sick note. So basically they would continue the witch-hunt investigation regardless.

Gdpr request would take months and probably wouldn’t fulfill what you are hoping them to.

I know. I said that factual info is what is in an employer reference, which is why I said to try to avoid being sacked, as it will show up. Often executives can negotiate how they leave - even if they are being sacked they might get the company to agree not to say so.

I think the OP was thinking more of a character reference.