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[Misc] Gross misconduct at work, help needed.



lawros left foot

Glory hunting since 1969
Jun 11, 2011
13,664
Worthing
Someone that I know, has handed in his notice today at a very well known company, and, they( the company) are not happy about it.
In a meeting with his superiors, he has been told he is not allowed to tell any of his work colleagues that he has a new job and will be leaving after his notice period( also, an area of contention), on pain of instant dismissal for gross misconduct.
Can his company do this?
 

Pavilionaire

Well-known member
Jul 7, 2003
30,499
Is your friend called 'Boris' by any chance?
 

Normal Rob

Well-known member
Jul 8, 2003
5,636
Somerset
well if he has told you, and people know who you are, and you've put it on a message board read by thousands around the area (and further afield), then he may as well get his coat anyhow.
 


ROSM

Well-known member
Dec 26, 2005
6,161
Just far enough away from LDC
Grosa misconduct is behaviour that is so serious that it causes a serious breach of trust in the employee/employer relationship

What constitutes this should be set out in employee handbook or contract of employment but generic examples are violence, dishonesty, gross insubordination or sabotage. It can also include misuse of corporate information, setting up a rival company

From what youve written here it doesnt sound like any of these except gross insubordination but he should get a written explanation on what grounds theyre requesting this and why
 

timbha

Well-known member
Jul 5, 2003
9,807
Sussex
What does it say in his contract of employment? Unusual for a coy to act like this but there could be a good reason, eg share price sensitive info that needs proper and orderly communication
 

AnotherArch

Northern Exile
Apr 2, 2009
1,172
Stockport & M62
Unless he is removed from the workplace on 'gardening leave' with all communications with colleagues/clients/suppliers severed, this instruction is totally unreasonable as he will be in a situation where he will have to LIE to maintain this condition - which would then be deemed as another disciplinary offence! Inevitably, it will become obvious anyway.
However, the company always holds the 'whip hand' as it holds the money due - so they will do what they want in the short term, instant dismissal during notice still meaning that most of the severance payment would be with-held. Would then have to fight via tribunal to prove unfairness (possibly wrongful) of dismissal to claim monies owed, plus hopefully some extra compensation.
 


beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,239
of course they cant ask that, and they've probably set themselves up for constructive dismissal if they tried. tell him he needs to have all meetings with HR present and minuted, i would venture his superiors will be told to pipe down.
 

ROSM

Well-known member
Dec 26, 2005
6,161
Just far enough away from LDC
of course they cant ask that, and they've probably set themselves up for constructive dismissal if they tried. tell him he needs to have all meetings with HR present and minuted, i would venture his superiors will be told to pipe down.

Now.....without knowing their role in the organisation or where he is going to, its possible they could claim commercial sensitiviy on this. But i agree with you that turning ignoring a request into gross misconduct is a very foolish thing to try and do
 


SULLY COULDNT SHOOT

Loyal2Family+Albion!
Sep 28, 2004
11,283
Izmir, Southern Turkey
OMG!!!!! I hope he's not going to get suspended!!!! What will we do without Pascal? Beram as playmaker?:eek:
 

lawros left foot

Glory hunting since 1969
Jun 11, 2011
13,664
Worthing
well if he has told you, and people know who you are, and you've put it on a message board read by thousands around the area (and further afield), then he may as well get his coat anyhow.

A. Not many people know who I am.
B. Not many would know my connection
 

Greg Bobkin

Silver Seagull
May 22, 2012
14,689
Can't wait for this headline when Pascal gets sent off.

Personally I'm holding out for when Dutch Davy gets his marching orders: PRÖPPER NAWTY.
 


lawros left foot

Glory hunting since 1969
Jun 11, 2011
13,664
Worthing
Thank you for all the sensible answers, he has now been removed from all sensitive decisions etc, and been placed on "housekeeping " so, 2 of his colleagues have already guessed, and have asked him. He has neither confirmed or denied it, and reported it to his immediate superior.
 

Thecoffeecake

New member
Oct 10, 2017
130
Philadelphia

Triggaaar

Well-known member
Oct 24, 2005
49,900
Goldstone
of course they cant ask that, and they've probably set themselves up for constructive dismissal if they tried. tell him he needs to have all meetings with HR present and minuted
Nah, tell him to record all his meetings on his phone. It's possible the company's HR are more interested in the company than the employee.
 


FatSuperman

Well-known member
Feb 25, 2016
2,829
Nah, tell him to record all his meetings on his phone. It's possible the company's HR are more interested in the company than the employee.

Possible? HIGHLY likely.

In my illustrious career I have found that HR* departments are almost entirely concerned with advising the company on what they can and can't get away with regarding the treatment of the employees. Mainly to reduce the risk of litigation etc. That is their primary function.

I agree with near enough everyone else. I'd actually ask to have that request written down and signed, to be used as ammunition if they were so foolish as to try and dismiss me. And when asked my colleagues I'd say "I can neither confirm nor deny that rumour". Thus sticking with the companies nonsense request, but also letting everyone know I'm leaving :)

*I love the name, no messing about, they are letting you know that you're a just a 'resource'.
 

Triggaaar

Well-known member
Oct 24, 2005
49,900
Goldstone
Possible? HIGHLY likely.

In my illustrious career I have found that HR* departments are almost entirely concerned with advising the company on what they can and can't get away with regarding the treatment of the employees. Mainly to reduce the risk of litigation etc. That is their primary function.
Yes, fair point.

I agree with near enough everyone else. I'd actually ask to have that request written down and signed, to be used as ammunition if they were so foolish as to try and dismiss me.
Asking for it signed gives away your intention to screw them. Better to come off as a bit naive and record what they say.
 

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