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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Hi, whilst not being in work hours at 0010hrs; in the staff

Customer Question

Hi, whilst not being in work hours at 0010hrs; in the staff accomidation which I pay rent for, I was abusive to a member of the night shift .

I was called into see our Assistant Center Manager this morning and told I would recive a letter inviting me to an disciplinary investigation.

can they do this as I wasn't in work hours?
can work dismiss me under gross missconduct? even though our staff book states it only deals with things within a working enviroment?

please help as i'm very worried.

Ps I have offered to appolagice to the night shift for my comments.
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer,

This is a difficult issue. Normally you cannot be disciplined for things that happen outside of the work context.

Sometimes problems occur on work social events and as it is closely associated to work the employer has been entitled to take action.

You can argue it is unreasonable for the employer to take action against you for something that happened outside of work hours in your home (which is the case if you live there and pay rent).

You should argue and appeal on that basis.

All the best.

Please remember to give positive feedback. I will be happy to answer your follow on questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 3 years ago.
is there any case law out there that might help on this matter? if that's the right term to use on this mater?
Expert:  Jenny replied 3 years ago.
Can I ask if you work for a public sector employer?
Customer: replied 3 years ago.
outdoor activity centre, a private company. known as Kingswood outdoor education.
Expert:  Jenny replied 3 years ago.
Does it carry out work for the public sector?
Customer: replied 3 years ago.
our main customers are school groups.
Expert:  Jenny replied 3 years ago.
Was the incident in shared accomodation then? Can you tell me more about it?
Customer: replied 3 years ago.
it's a large communal house that the staff share, think it should be classed as a HMO..

can you be more pacific about what you want to know . our accommodation is off the main centre we work at. my employer rent the site of the local council. We were forces to live in staff accommodation or we couldn't have the job.. I've requested a true signed copy of the accommodation agreement asked for it in person, but the manager wasn't around so I put the request into writing and asked for more days to review it and find someone suitable to accompany me in the meeting . my contract ends on the 13th of this month. I've been put on the promotion list but have to wait to start a new contract , the waiting could be 4 months to 6 months.
Expert:  Jenny replied 3 years ago.
I just wanted to know what happened to cause the employer to want to discipline you? Ie what happened with the other member of staff?
Customer: replied 3 years ago.
I had taken my girlfriend back to my room after a quiet night out, we were chatting in my room, next thing I knew night shift were knowing on my door, once the door was open , it was demanded that she leave the accommodation straight away, my girlfriend works for the same company but not at my centre , I've read my accommodation agreement and it states nothing about getting written permission .

I escorted my girlfriend off the site and walked her back to the centre where she was staying, on coming back into my accommodation I saw the night shift person hand had ago at her for talking to me the way she did. I think i might of got a little to close because she pushed me the I least my temper and said some really horrible things.. which upset her and made her cry, I feel really bad now n hope she's ok..
Expert:  Jenny replied 3 years ago.
Thanks, there is no reported case law which directly mirrors your point.

In your situation though I think it would be unreasonable for your contract to be terminated for this reason.

The reason I was asking the nature of the employer is that the Human Rights Act applies where the employer is a public body or carrying out public functions. The latter applies to your situation as you are providing a service to schools.

That being the case if you were to be dismissed you would have an argument that as it was in your own time it would be a breach of your right to a private life. You cannot work in a situation whereby you have no right to your own time or own space.

All the best with this.

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