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Joy Nicholas
Joy Nicholas, Laywer
Category: Employment Law
Satisfied Customers: 1909
Experience:  Lawyer
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My husband is facing an allegation of gross misconduct. Can

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My husband is facing an allegation of gross misconduct. Can you help?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: The incident happened on Thursday, the matter was investigated by a manger and HR, and then he was informed at the end of the day Friday in writing about the disciplinary meeting which is scheduled for Monday 9am. Between the hours of 6pm Friday and 9am Monday, we have no way of organising any representation or seeking any advice. We have asked in an email about rescheduling so we have time to prepare, but have not had any reply
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees We are seeking private representation but no where is open at the weekend
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We would like to know if resigning before or during the meeting will be the best way to avoid gross misconduct

Hi, thank you for your message. Welcome, my name is***** am very sorry you are experiencing this and I hope I can help you today. Can I confirm does your husband disagree with the allegations?

Customer: replied 11 days ago.

No, the allegations are true but I belive there to be mitigating factors and that there was no malicious intent. My husband has autism so struggles to communicate

Hi, thank you for your message. Again, I am sorry to hear about your situation.

Your employer should follow the employment disciplinary procedures or the ACAS code of Practice on Disciplinary and Grievance Procedures here: https://www.acas.org.uk/index.aspx?articleid=2174. It is important that the employee is provided with information on the full allegations against them and is given the opportunity to answer to the allegations otherwise the dismissal may be seen to be unfair. The employee should also be given the opportunity to postpone a hearing where necessary for example to get legal representation or to gain more evidence of the allegations against him. The employee may make a claim for unfair dismissal depending on his employment status, how long he has worked for the employer and if the dismissal is unfair in law. You can read more about unfair dismissal here: https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/check-if-your-dismissal-is-fair/. However, the procedures are different in gross misconduct cases.

Gross misconduct is when an employee commits an act that destroys the relationship of trust with you as the employer. Gross misconduct can lead to immediate dismissal without notice however you need to distinguish between gross misconduct and misconduct. The employment contract may set out what the employer views as gross misconduct. Gross misconduct includes: Assault, Drunkenness, Stealing, Bullying, A serious breach of your employer's policies and practices. You can read more about gross misconduct here: https://businessadvice.co.uk/hr/employment-law/gross-misconduct-in-the-workplace/. The definition of gross misconduct may vary from employer to employer based on the nature of the work.

It will be for your husband to decide whether or not to resign. I would however advise that you find a solicitor to represent you before the hearing and before he eventually resigns to weigh all the evidence. The solicitor will be able to weigh all the evidence before them and help you build a strong case. You can find a solicitor by using the law society find a solicitor link here: https://solicitors.lawsociety.org.uk/ You will be able to search by specialism and also town or postcode to find one near you. You may qualify for legal aid if you have low income and want to take the case to court. You can check if you can get legal aid here: https://www.gov.uk/check-legal-aid. You can find a legal aid solicitor by using this link: https://find-legal-advice.justice.gov.uk/. Legal aid is free assistance to people who cannot afford to pay legal fees such as legal advice and proceedings. You could also visit your local Citizens Advice Bureau (CAB) ( For more information please visit: https://www.citizensadvice.org.uk/). CAB’s are accessible in different areas in the country providing free legal advice to individuals who cannot afford this. You can contact them by phone to book a face to face appointment. They may also be able to provide phone appointments. Moreover, you might be able to find a pro bono lawyer by attending/contacting a LawWorks Clinic. A probono lawyer is a free lawyer. The LawWorks Clinics Network is a network of free legal advice sessions that LawWorks (the Solicitors Pro Bono Group) supports. For more information and to find a network near you please visit the following website: https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you. I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

Customer: replied 11 days ago.

Will the employer be breaking the law if they do not give us extra time to prepare and to organise representation? We cannot contact anyone over the weekend

Hi, thank you for your message. No they will not be breaking the law but this is something that can be brought up in court for the judge to consider if the matter goes to court. You should be given reasonable time to prepare your case. I would advise you contact them again first thing tomorrow morning. Best wishes.

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