Question for anyone in HR

Skeeter · 30 Jan 2016 at 11:29

If you were sacked due to proven gross misconduct, you would not come back.

If you were sacked due to suspected gross miss conduct, you could appeal and could come back.

If you were suspended during investigation of gross miss conduct you could come back through there being no evidence or through appeal.

Bottom line, if the guys coming back, the company didn't sack him for proven gross misconduct.

dacads · 30 Jan 2016 at 11:33

Use a few of your tools to teach him a lesson?

SexyGreyFox · 30 Jan 2016 at 11:56

ivrytwr3 said:
i don't care, but to reply - why would i lie?

I'm not going to claim you're lying but you believe what other humans have told you.
It is very possible that an employer sacked for theft gets their job back because I've seen it several times but getting compensation is laughable and you've been trolled.
The only way is if all this evidence was brought forward at the original hearing and HR completely disregarded it.
I've also stood in lots of Negligence Tribunals as a Union Official and the Claimant would normally add a zero onto their payout so £1000 = £10000.

theMilitant · 30 Jan 2016 at 12:10

If he's been fired for theft previously then there should be no way for him to get his job back as far as I know. Unless, as Skeeter mentioned, he was sacked for suspected gross misconduct, in which case in the absence of indicting proof he could probably reapply to get his old job back. I have a hard time believing management at any firm would willingly rehire such a guy though.

ivrytwr3 · 30 Jan 2016 at 12:29

SexyGreyFox said:
I'm not going to claim you're lying but you believe what other humans have told you.
It is very possible that an employer sacked for theft gets their job back because I've seen it several times but getting compensation is laughable and you've been trolled.
The only way is if all this evidence was brought forward at the original hearing and HR completely disregarded it.
I've also stood in lots of Negligence Tribunals as a Union Official and the Claimant would normally add a zero onto their payout so £1000 = £10000.

not going to say how i know about this, but it's certainly true.

Individual concerned sacked for theft and then reinstated. Individual then claims lost wages, defamation of character, HR incorrect processes etc etc etc.

The company concerned bent over and paid out rather than going to court - a very large company too.

heeeed · 30 Jan 2016 at 13:22

As someone in process of putting an employee through a disciplinary it is a nightmare and I can certainly see how someone could make an error in the process where they have to keep someone on or make a payout that they might not have cash flow to deal with. It has already cost me several thousand and not managed to have the disciplinary yet despite them having stolen 250k it's bloody awful!

ivrytwr3 · 30 Jan 2016 at 13:53

heeeed said:
As someone in process of putting an employee through a disciplinary it is a nightmare and I can certainly see how someone could make an error in the process where they have to keep someone on or make a payout that they might not have cash flow to deal with. It has already cost me several thousand and not managed to have the disciplinary yet despite them having stolen 250k it's bloody awful!

wow! Now that puts things into perspective! £250k? Will we be reading about this in the papers soon? Surely this is a police matter?

heeeed · 30 Jan 2016 at 14:16

Yep CID involved, but still can't sack her as she went on sick. Still have to pay her at present as not quick and easy to sack someone when they go on sick. Nothing happens fast enough from HR side or police

leemk · 30 Jan 2016 at 14:20

We had a guy at our place years ago who i saw in the locker room clearing out his locker with his manager with him and then being escorted off site after his disciplinary for nicking.
He was back at work a few weeks later because of the proper procedure not being carried out at his disciplinary.

Rroff · 30 Jan 2016 at 14:37

leemk said:
We had a guy at our place years ago who i saw in the locker room clearing out his locker with his manager with him and then being escorted off site after his disciplinary for nicking.
He was back at work a few weeks later because of the proper procedure not being carried out at his disciplinary.

Problem is a lot of managers don't have as good a grasp of employment law as they often seem to think they do which can result in situations like this due to not employing best practises, etc. never mind things that are statutory in law - I've had a few awkward instances with managers over the years because I have a reasonable grasp of it (and my sister is an employment law specialist).

oldestgregg · 30 Jan 2016 at 14:53

Rroff said:
Problem is a lot of managers don't have as good a grasp of employment law as they often seem to think they do which can result in situations like this due to not employing best practises, etc. never mind things that are statutory in law - I've had a few awkward instances with managers over the years because I have a reasonable grasp of it (and my sister is an employment law specialist).

This. 100% this. We have a manager just like this at work now. I injured my back due to a fault of works doing and needed quite a while off work. When I returned he give me a disciplinary and despite having no previous he said we would skip the verbal warning and go straight to the written. Just because he thought it warranted it. I tried to argue but he wouldnt listen so I left it,knowing if anything else became of the situation he was clearly in the wrong

Rroff · 30 Jan 2016 at 15:03

Oops point of posting that was all too often I've seen them rush to lay down the law and result in legal comeback as they haven't followed proper procedure.

EDIT: Actually what gets my goat about it is that they always assume I don't know what I'm talking about purely because I'm not management level - no matter how many times in the past I've come up with the right answer when something has been openly queried and then checked with HR. Then it gets awkward when they disagree with me and then refer to HR expecting HR to back them up.

Skeeter · 30 Jan 2016 at 17:49

How many run ins with management have you had to be able to post things like "a few awkward instances" and they "always assume"? It sounds like your in disciplinarys every other week?

Rroff · 30 Jan 2016 at 19:02

Skeeter said:
How many run ins with management have you had to be able to post things like "a few awkward instances" and they "always assume"? It sounds like your in disciplinarys every other week?

Talking spread over almost 19 years of employment - not just in relation to myself though - 2011 to 2014 my team were several times close to initiating collective grievance action due to changes coming from above me (not against me) which I was caught in the middle of.