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.

@RB68 just an update. He had a meeting with HR and their lawyer. They concluded that they have evidence that DH breached their code of conduct but did not share that evidence with him. DH disputed it. They then told him they could fire him with instant dismissal on the same day and give him nothing but would offer him a settlement. They said they hadn't taken any legal counsel for the country that he's in and for which he has a contract in. And that they advised him to not use a lawyer because "generally that wouldn't work out well for him". All a bit of a mess really. Obviously DH has sought legal counsel in our country and will take it from there. I think his employer is just trying to push him down their preferred route and didn't expect any resistance.

They told him they hadn’t taken legal counsel? Why would they do that?

@SilverChampagne yeh I thought it was odd. I mean they had a legal representative from the country they are in but not the country where the employee is or where their contract was made.

It seems an unusual set-up Is his contract definitely covered by local law? Is he paid via UK account or local one? Does he pay into a local social security system and if so how is unemployment benefit administered, would there be a qualifying period, for example? Are you on a sponsored visa or residency permit or have residency in your own right.

@LIZS yes contract definitely covered by local law. Paid into local account in local currency. Has permit in own right and pays into local social security system, local tax etc. Just works remotely for an overseas employer.

@LIZS they have lots of employees working fully remote in various countries.

I will also add seems bizarre they have been pushing for DH to sign a settlement ASAP without consulting legal advice. I mean surely it's a legally binding document which needs his lawyer to look over it. I don't trust them at all.

Tough to say without all the details but if they're right in what they're saying (about being able to bin him off with nothing), it could be the most hassle free way for both parties to end the relationship?

A cash settlement, NDA/non-disparagement, good reference and a handshake seems pretty good, unless you want to go on a moral crusade against them.

Very odd suggestion not to take legal advice though. That and the "we could get rid of you for nothing but here's a load of money" screams of something fishy.

Presumably this is a small/niche industry and they don't want the hassle/word of mouth?

What have they offered to settle?

frankly they clearly don’t want him there so if the settlement is decent, just take it. An employment tribunal can be a pyrrhic victory

@NewDaye @AConcernedCitizen they've offered his notice period as settlement and then he'd be on gardening leave for that time. It's just short financially on what he wants. I can't say too much but I suspect they know that DH has alot of dirt on them, things that were handled or not handled at all by them, and there's a paper trail......bullying against DH, DH whistleblowing, broken his contract, disclosed his medical history to various members of staff, there's a long list etc. I think they have always seen DH as a problem and an expensive one and have wanted rid of him for a long time.

I do think there's something fishy about the sense of urgency from their side and pushing for him to sign a settlement ASAP specifically without him consulting legal counsel. They also rang him one evening at 9pm recently to basically intimidate him, push him into a corner to sign their settlement.

He's willing to negotiate but not solely on their terms. To be honest it feels like redundancy disguised as gross misconduct, cheaper way to get rid of him. They didn't show any evidence, no dates or names of the allegations today.

It's a really toxic environment and DH is glad he doesn't have to work there anymore.

I would def consult local counsel - if you are in Europe the protection wont be massively different from the UK, more globally they tend to take a hire em fire em US style so might be trickier.

But you need an NDA that works both ways, a decent reference and a good settlement - notice is the minimum he is entitled to and I would push for no gardening leave if its not paid on top of notice so if they want three months then three months paid gardening leave, and 3 months notice paid. With the timing I would suggest they want him off the books for the new financial year and its a panicked cost cutting measure. But yes v toxic environment that seems poorly managed. If its niched they def risks industry gossip but so does OH. But remember even on gardening leave can still be looking for employment so the market will figure it out - I find with close knit job markets the rumours tend to be more wild than the truth often so I think they are unwise going in hard and threatening

If he really wants to poke the lion on the way out he could talk about it would be an easy decision if it were a fair settlement etc - at least plant the seed and they may throw more money at it. Just subtly of course.

I think he should accept and go. It all sounds so gangster, he’s dirt on them, they phone him to intimidate him. I’ve no idea what kind of company this is. But it’s like something out a gangster movie,