Many thanks for your patience. I fully agree that this appears to be an unfair and petty reason to be taking formal disciplinary action over. If he is not provided with a work phone, has no formal requirement to carry one with him or to be fully contactable at specific times, then disciplining him over switching his personal phone off, especially when he was not specifically asked to keep it on, would be quite unreasonable.
The issue is that there is nothing stopping the employer from taking disciplinary action – the law does not operate in a way that it would allow your husband to prevent the disciplinary action from proceeding. Rather, it works in a restitutional manner, meaning that it is there once the wrong has occurred and would allow him to seek redress over what has happened.
As far as the employment law part of this situation is concerned, if the employer was looking at the most serious outcome, which would be dismissal, they would need to show that there was a very serious breach by him, something that amounts to gross misconduct and that it was reasonable to dismiss. I am quite positive that this incident is not a gross misconduct issue and to dismiss someone with 46, presumably clean years of service would be considered quite unreasonable.
Therefore, if it ends up that way he may certainly consider appealing with the employer before taking this up as an unfair dismissal claim in the employment tribunal. But all of that is if this ends up in dismissal and we are still some way of that, if at all.
For the time being it is about maintaining his innocence, defending any formal allegations raise against him, appealing any formal decision taken and then considering his options depending on the outcome of the disciplinary.
Hope this clarifies your position?
You are welcome, all the best
Sorry it's a bug, we can process it manually later. Many thanks