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Gross misconduct?

Discussion in 'Employment & HR' started by Zack111, Oct 16, 2016.

  1.  
    Zack111

    Zack111 Applicant

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    Hi,

    Looking for some advice.

    I have been suspended from work for talking to my manager, who was suspended at the time I had talked to him, I was informed by HR not to make contact with him or if he tried to make contact then to let them know.

    My manager is also my friend, tutor and we also see each other at the local sports club every night.

    I did not inform HR that we had seen each other or spoke.

    I have never passed him on any information regarding work, although I believe this is what they think.

    HR have obviously found out we have been in contact (I don't know how) I attended a meeting where i admitted to speaking to him and about the situation of us being friends, seeing each other outside of work and also he is assisting with my current diploma.

    They suspended me whilst under investigation but told me that this is very serious issue and I'm looking at gross misconduct due to lack of trust and confidence.

    This seems so very over the top and I can't believe I am possibly facing gross misconduct, neither do I believe it falls into that category..

    What are your thoughts?

    Cheers,
    Zack
     
  2.  
    Duncan

    Duncan Moderator Staff Member Premium Member

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    You have to follow the reasonable instructions of your employer. You admit not following their instructions. Whether their instructions are 'reasonable' depends on the facts of the case against your manager and your relationship with the manager.
     
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    Zack111

    Zack111 Applicant

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    Thank you, not sure which way this is going but this forum has helped a lot!
     
  4.  
    Mark

    Mark Moderator Staff Member

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    I'm not convinced that an employer can dictate who you can and can't associate with outside of working hours. This will fall under 'freedom of association'; a human right as defined under various internationally-recognised Acts.
     
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    jeffnev

    jeffnev Graduate

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    I know I'm picking up on this topic late, I'd be interested to see how this was resolved. For anyone else who might be going through a similar ordeal, if management were operating unfairly or unreasonably and you were suspended for gross misconduct, it isn't unlikely that someone would appeal for an unfair dismissal. In the UK these are usually resolved by settlement agreement solicitors http://www.ms-solicitors.co.uk/employee/settlement-agreements/ (follow that link for more information on who they are and what they do). Typically these sorts of things can be ironed out by a settlement agreement which often result in financial compensation for the claimant. We don't have enough information to go on for this case, but I hope it was resolved fairly and without stress!
     

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