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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My Husband was accused of Bullying at work last year. He

Customer Question

My Husband was accused of Bullying at work last year. He received a final written warning for failure to report escalating problems between staff and alleged Bullying. That warning expired on Sunday.
I went into town the day before and happened to see two of the people who accused him. One still works there the other does not and nor do I.
I confronted them and called them both liars. My Husband wasn't with me and now the person that still works there has complained to the General Manager about it. He's had to inform HR who told him to speak to my Husband to see what he has to say.
My Husband told the GM he knew that I'd confronted them but he wasn't there at the time. The GM appreciated his honesty and will speak to HR.
Could he be sacked because I confronted them? He wasn't there and didn't mention it to anyone at work. The only other person that did was the one that still works there. Surely he can't be sacked for something I did when I don't even work there and it occurred well away from his workplace.
Any help would be greatly appreciated as we are very worried about this.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long has he worked there for? Please note I am going offline shortly so may not be able to reply until tomorrow thank you

Customer: replied 1 year ago.
Hi Ben. He's worked there for 25 years.
Customer: replied 1 year ago.
Completely unblemished record until last year when he was accused of Bullying. Two colleague's were sacked. One for attacking the other. The attacker claimed that he was being bullied by my Husband who is a Supervisor them and he claimed my Husband encouraged his staff to bully. This is completely false. My Husband was unaware of any bullying but two other Supervisors were but failed to report to the Managers. My Husband had a disciplinary for gross misconduct and recieved a final written warning. In his disiplinary he was told the other Supervisors who were mentioned in the statements would be investigated but they were not. My Husband was basically the fall guy.And by my confronting 2 of his accusers on Saturday I've dragged it all up again.
Customer: replied 1 year ago.
Are you there yet? Please help, I'm going out of my mind with worry.
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The employer should not discipline your husband for something which you did. You are responsible for your own actions and they can only really make you liable for these unless your husband had any part in them, such as by taking part at the time or for asking you to do what you did. However if you acted independently then he should not be pursued by the employer for this.

Also now that his final warning had expired it should not be taken into account when any potential future disciplinary action is considered. This means that to dismiss him now they need to show he had committed gross misconduct. In the circumstances, blaming him for an incident committed by you and making it out to be gross misconduct will be rather difficult. So in this case I would say that taking any formal disciplinary action and especially dismissal will be unreasonable and unfair and can be challenged by him further if necessary.

This is your basic legal position. I have more detailed advice for you in terms of the rights he has to challenge any potential dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank You very much. I can assure you he played no part in what I did at all. At the very least what can they do to him?
Expert:  Ben Jones replied 1 year ago.

There is nothing stopping them from disciplining him or even dismissing thin but that does not mean it would be fair from a legal perspective and it can be challenged. However assuming they will try to act fairly I would say it would be appropriate to either do nothing or perhaps issue a verbal warning just to nature that those connected to him do not get involved in company matters. As mentioned I can discuss the rights he has on challenging any outcome he does not agree with which I wish to discuss with you so please leave your rating and I can continue. Many thanks

Expert:  Ben Jones replied 1 year ago.

Thanks my reply crossed with your rating. I will prepare the further response and post it on here later this morning as I'm just due in meetings now

Customer: replied 1 year ago.
Thank You. I'm feeling a little more reassured but not that much but it's better than nothing. If he is dismissed we have Legal protection on our house insurance so I'm hoping we'd be able to use that? Really hoping it doesn't come to that though. As I said dismiss him for something he played no part in would be very harsh. I await your response on challenging any outcome. Thank You so much for your time. It's greatly appreciated.
Expert:  Ben Jones replied 1 year ago.

If any formal disciplinary action was taken against him and he disagreed with the outcome, especially considering he was not in any way involved or responsible for this incident, the first thing is to appeal the decision internally with the employer. If the decision was a dismissal then following an appeal he needs to contact ACAS to commence the early conciliation process which is mandatory before a tribunal claim is made. If the conciliation is unsuccessful and no agreement can be reached between him and the employer the only thing he can do then is make a claim for unfair dismissal in the employment tribunal. If the decision was not to dismiss but to issue a formal warning then apart from an appeal, the only way to challenge it is to resign and claim constructive dismissal but that is risky so should only be done as a last resort.

Expert:  Ben Jones replied 1 year ago.

Also legal protection can indeed help in such circumstances you just need to check the policy to see what it actually covers

Customer: replied 1 year ago.
I see. I think if he were to be formally disiplinary he may just accept that as he just wants to forget about it all and get on with his job. We would definitely have to challenge a dismissal though as that seems totally unfair.Is this really more of a civil matter?
Customer: replied 1 year ago.
What I mean is should the person I confronted take it up with the police and not her employer's?
Customer: replied 1 year ago.
Just found this. Would this apply to us?
Expert:  Ben Jones replied 1 year ago.

this is not really a case of violence. And yes it would be more of a civil matter because the actual perpetrator was you, not an employee of the company and as such the employer should not have to deal with this

Customer: replied 1 year ago.
Ben Thank You very much for your reply. I'm happy to be able to tell you that the matter has been resolved. The GM, my Husband and the person I confronted had a sit down and discussed what occurred. They've agreed to put what happened behind them and move on.
I cannot Thank You enough for your assistance with this. You've been a huge help to me. Keep up the good work.Once again, Thank You very much.
Expert:  Ben Jones replied 1 year ago.

Ah great, didn't expect a resolution so quickly but glad it has been resolved. Thank you and all the best