Ask a Law Question, Get an Answer ASAP!
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
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
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
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
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.
Also legal protection can indeed help in such circumstances you just need to check the policy to see what it actually covers
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
Ah great, didn't expect a resolution so quickly but glad it has been resolved. Thank you and all the best