Does Misconduct or Gross Misconduct Always result in Dismissal?

Question: My partner has recently been suspended from his job on full pay. We know the reason for his suspension, but his employer has not yet specified to him whether this will be considered to be either Misconduct or Gross Misconduct but it will likely be one of these.

We are now worried sick that he is going to lose his job and due to the sacking, find it very difficult to find a new job as a result.

What we would like to know is, does everyone who finds themselves in this situation usually lose their jobs? We are planning to fight this all the way with legal representation, should the worse happen, so I want to get as much help and advice ahead of time so we know what our rights are.

Answer: Not All cases of Misconduct or Gross Misconduct will result in a Summary Dismissal.

While your partner has been suspended on full pay, the company should and most likely will be carrying out a full investigation. Once again, this should and most likely will include interviewing any witnesses to the incidence(s) in order to gather any information they will require.

As previously stated, not all cases end if dismissal, so the best possible outcome you should be expecting from this is that the case may result in a Final Written Warning, meaning he will not lose his job, but this will live on his record for 26 weeks / 6 months.

If your partner has a Union Representative within his work place, then get him to speak with them and ask them to attend the hearing with him.

Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value.

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