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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48797
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There is a rumored investigation into the business practices

Resolved Question:

there is a rumored investigation into the business practices of my company which is also rumored that four senior members of staff are on "holiday". I was on a phone call with a senior member of staff about an issue I was resolving who asked me how morale was. I replied that it seemed low and the general feeling was that no one knew who was next.
I didn't think much of it until I received a phone call from the same senior manager who called to apologise that he'd mentioned it to the MD late one evening while they were out drinking while drunk and he was on the war path and subsequently sent emails to the parent company saying I had told someone he was on a list. I assume the conversation while drunk was somewhat embellished.
Can I be fired over this? My heads spinning to be honest and I dont even work in a position where I would know anything about this. To me it was a private conversation between someone I trusted and I just offered my opinion on a question I was asked.
I feel a bit dumb.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.
14 years.
Customer: replied 1 year ago.
Also I have a perfect history as far as my HR record. I even scored top marks in my latest performance review that was perform 1 month ago.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry my connection dropped earlier. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. In this case they can only really rely on misconduct to justify dismissal. However, it must be gross misconduct, something very serious which means you have to be dismissed immediately. I certainly do not see anything that you have done which would amount to gross misconduct. Also with 14 years service and I presume a clean record it really has to be serious stuff to even get close to dismissal. The employer may have a chat with you, at the very worst they may issue a warning but if they were to dismiss then you may certainly consider an unfair dismissal claim, although I would hope it does not even get to that. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Customer: replied 1 year ago.
Just had a phone call from someone who said they had been in discussions about me today on a Sunday. They couldn't say more so I guess that isn't good news.This whole thing seems odd and we are talking about a constituent of the ftse 100 sized company.
Expert:  Ben Jones replied 1 year ago.
Hello, it's a bit strange but do not assume the worst yet. In a work environment people talk, rumours spread, it's natural...so see where this goes and remember you have rights