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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, I unfortunately became physically involved with a member

Resolved Question:

Hi,
I unfortunately became physically involved with a member of staff at the christmas party since then his girlfriend has found out, we agreed that it was right for him to leave the company however he hasn't, I have sent several and Facebook messages re this asking him to leave along with speaking to his girlfriend
He has now gone to HR to state it is harassment and I am now in discussions with HR over my career.
I have my next meeting tomorrow at 11am is there any advice you can give for this
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer: 3 years and 8 months
Ben Jones :

Who agreed that he should leave the company?

Customer: It was a conversation between me, him and his girlfriend. He also said this in an email last week
Customer: It’s best for everyone that I move from here, so I will try and get something as soon as I can.
Ben Jones :

What type of meeting is it tomorrow?

Customer: It is with HR and my manager they have just sent me an email with they want to meet at 11 tomorrow no agenda
Customer: Hi Rachel, Hope you are OK. Andy and I would like to meet with you at 11am tomorrow and will confirm a meeting room asap tomorrow morning. In the meantime if you have any questions please let us know. Many thanks Caroline
Customer: Any update
Ben Jones :

Whilst you and the other employee may have agreed it is best for them to leave their position, you cannot force that. Whatever they have promised you will have no legally binding effect in a way that you can hold them to it and their decision to leave their employment would be entirely down to them. This is regardless of what may have caused this situation. It is just a private discussion between you and they will have the final say.

If they have told you they have changed their mind or that they are not willing to resign, and you continue trying to pressure them into it, then it can amount to harassment. At this stage I would not panic too much because it does not appear the employer is taking any formal disciplinary action against you, if anything they are just investigating the situation. They could just give you an informal warning to drop this or it could be a verbal warning. If they decide to pursue this further then they could ask you to attend a formal disciplinary but you will still have the chance to defend yourself and I do not see this as being a case of gross misconduct to justify instant dismissal.

To minimise the chances of this going further you should apologise for your actions and say that you were emotionally affected by the preceding events and that you did not appreciate how your behaviour may have been seen by the other person. It is about showing remorse and realising your errors, rather than trying to justify them because in the circumstances you cannot justify what you did as you cannot force someone to resign regardless of what was agreed.

Customer: Thanks, ***** ***** be able to suspend of sack me in tomorrow's meeting
Ben Jones :

they can suspend you but they cannot legally dismiss you and if they do then it will be an unfair dismissal

Customer: If they suspend me tomorrow what should I do next
Ben Jones :

a suspension is not an indication of guilt it just removes you from the business whilst they investigate and try to determine if there is enough evidence to take this further so all you can do is just follow their instructions and cooperate with the investigaiton

Customer: All suspensions in the company that I have seen result in the person not coming back given his girlfriend threaten to come to work which I have in a text should I bring that up
Ben Jones :

legally a suspension is just a transitional stage which could lead either in no action being taken at all or result in a disciplinary and even if it does it does not mean it will be a dismissal. You may indeed mention the pressures you were facing from third parties to try and show why you pushed for this to end in the way you tried

Customer: Ok thanks for your help
Ben Jones :

you are welcome, all the best

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