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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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This is a very delicate matter. I recently discovered

Resolved Question:

Hello,
This is a very delicate matter. I recently discovered my wife had an affair at work after reading sexual emails and texts between her and her boss. They tried to cover it up and the delete all the emails.
I then managed to recover some of the emails from her laptop and I sent them to the MD of their company along with copies of resignation emails - which were refused from her boss - and an audio of admitting everything including sexual activity in the works toilets
My wife has been advised to take the time of work so a full investigation can take place, she is meeting with the HR dept today.
Do you think they could get sacked for gross misconduct?
Or inappropriate use of company facilities, using company mobile and PC etc?
They have tried deleting all the emails and texts so I am not sure how they can fully recover them but there is enough evidence to prove that everything that I have suggested.
Thanks
Jamie
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me the nature of there employment and do you know if there is a policy in place regarding relationships between employees please.
Customer: replied 2 years ago.

The nature of there employment is fruit importers / sellers.

I do not know if there is specific policy in place.

Expert:  Ben Jones replied 2 years ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 2 years ago.

If you need any more info then please let me know. I would expect that at the very least that one of them is sacked for gross miscounduct but it would be the choice of the MD.

The audio I had sent them confirms texts, emails had been sent, and that they had been in the works toilets together on at least 2 occasions during working hours.

Expert:  Ben Jones replied 2 years ago.

Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 2 years ago.

Are you now able to apply? I have been advised overnight that since this situation has come up that the several complaints have come up towards the boss in respect to sending emails and texts to other members of staff etc.

Expert:  Ben Jones replied 2 years ago.
Hello, my apologies that you have not received my response any sooner – I replied yesterday but for some reason it did not register on the site, so will try and post it again now.
The starting point is that it is for the employer to decide on how to deal with this matter. You may have provided the clearest evidence that what you alleged has happened but that does not mean that they have to get sacked or even disciplined for it – the employer has the final say on the matter, regardless of how serious you view this matter or how it has affected you. So the best you can do is to provide the employer with the evidence and it would then be for them to further investigate the allegations and decide on what, if any action to take.
I would say the likelihood is that they will get disciplined but you cannot guarantee that one or both will be dismissed – you cannot do anything to force the employer to do that unfortunately. It is for them to decide how seriously they view the issues at hand, what the actual evidence is and how they decide is best to deal with this in the circumstances. They may issue a final warning to both, they may decide to dismiss one to remove the catalyst for any potential trouble in the future – however they will decide that.
For now you have done all you can – you have provided the employer with the relevant evidence and it is now entirely in their hands. If they decide not to dismiss either of them then you cannot do much to change that and it really remains a personal issue for you, your wife and the other person on how to deal with this situation.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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