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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a site manager one of my employees informed me and a colleague

Resolved Question:

I am a site manager one of my employees informed me and a colleague that he was going to kill himself he was very stressed out my colleague took the person to hospital. I asked my employee do you want me to inform your family in which he shouted at me know I don't. I informed my HR departments to inform them on what was going on. I explained that the employee had said no to me about contacting their family but I don't think he was in the right state of mind to make any decisions. My HR Department told me that I will have to take my employees word and not contact his family. I thought about this for a while and then decided to contact his family as if I didn't do anything and he killed himself I would feel guilty for the rest of my life that if I would have done something he may be alive today.
I have now been summoned to a disciplinary.
By going against the advice of a senior manager, and the employee wishes, you have potentially breached a whole raft of legislation including, Rights to Privacy, Human Rights Act, Breach of Confidence, Data Protection Act and that’s before we even look at the employer/employee relationship!
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
34 years
Customer: replied 1 year ago.
hello
Expert:  Ben Jones replied 1 year ago.
Yes I am here, so what specific queries do you have about this that you wish me to deal with?
Customer: replied 1 year ago.
can they sack me for this. did i breached a whole raft of legislation
Customer: replied 1 year ago.
did I do wrong or was I right
Customer: replied 1 year ago.
today
Expert:  Ben Jones replied 1 year ago.
The allegations that you have breached the said legislations is total nonsense. You have not breached the Human Rights Act or the Data Protection Act – these have nothing to do with your situation. There is a potential breach of confidence because the employee had asked for their personal circumstances to be kept private and you went against their wishes but this was a unique situation where you had to think quickly about a very stressful and important situation and you were acting in the best interests of the employee. As far as the law is concerned, misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time. In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:· Conducts a reasonable investigation;· Follows a fair disciplinary procedure;· Has reasonable grounds for believing the employee was guilty; and· Show that dismissal was a decision that a reasonable employer would have taken in the circumstances. In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows: 1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be. 2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. 3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning. This is what I believe should happen here at worst – you have very long service, I presume a clean record and the circumstances could let you argue that this was not gross misconduct. If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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