Just been fired for gross misconduct

molio67 · 13 December 2017 at 7:18PM

How ironic is it that i work for an employment law firm lol

iammumtoone · 13 December 2017 at 7:21PM

Can I ask how they found out OP? It is possible they are wanting to cut staff levels so were looking for something?

I wish you luck in finding a new job, yes you were stupid but we all do stupid things I think you have been unfortunate.

Sncjw · 13 December 2017 at 7:45PM

If you were a client would you be happy for someone working for the company to email themselves data.

It could be a breech of the data protection act

If the data gets into the wrong hands it can cause serious problems. Just one spelling error of your email can cause this.

You say it was an innocent thing to you but to a client it won’t be.

iammumtoone · 13 December 2017 at 7:50PM

Sncjw wrote: »

Just one spelling error of your email can cause this.

True but data has to be emailed over to various people for work reasons, same situation a miss spelling could end up in the wrong hands. Would that be misconduct if you miss spelt a work email address?

I received an email the other day with a very threatening footnote if the email wasn't addressed to me I could be prosecuted for repeating the information :eek:

Chrysalis · 13 December 2017 at 8:00PM

I have been sacked before for gross misconduct, the advise line I rang said no way it was gross misconduct, and after they intervened, the employer agreed. I then got paid 2 weeks wages (Which was my notice).

Sadly employment rights are weak and in first 2 years of employment you can be sacked very easily, but gross misconduct is a term that can be abused by employers I assume to make savings on the notice that should be given.

If the reply is correct that gross misconduct means it should be intentional misconduct then I would consider appealing it to get it reduced to non gross misconduct and get your wages owed.

In my case if you curious, I was sitting there doing my job one day and randomly the agency manager turned up at my desk, asked me to go with her to her office, I was then told I was sacked with immediate affect, and I wasnt even able to collect my belongings, I was escorted off the property. The only reason given by the agency manager was a vague "the manager is not happy with your work", There was no meetings with me from the manager about my supposed poor quality work, I was literally just hit by surprise, and when the lady from the advise line contacted them, they literally could not supply her a reason and so had to back down on the gross misconduct claim.

They obviously wanted to get rid of me, but it seems they didnt want to tell me the real reason, and also to cut costs on the cost of sacking me, they were within their legal right to sack me, but they did it in a incorrect way.

sangie595 · 13 December 2017 at 8:50PM

steampowered wrote: »

The employer would certainly be entitled to sack you for misconduct. They can do this at any times during the first two years ... but with payment for your notice period.

But unless there is anything you aren't telling us it doesn't sound like "gross" misconduct. Gross misconduct has a very strict, particular legal meaning - the Employment Tribunal decisions on this say that it means you have to do something wrong intentionally.

It sounds to me like it would be perfectly reasonable to ask the employer to pay you for your notice period and holiday.

Probably no chance of getting commission though.

Reasonable to ask maybe. But it is hard to email company data to yourself "accidentally" so it was done intentionally! One maybe thinks one had good reasons for doing it intentionally, but that isn't the test. Emailing this information was an intentional act - unless it accidentally attached itself to an email that the message that the OP was sending themself. Not a convincing story really... Not that I'm unsympathetic with the OP s version - but it was intentional.

xapprenticex · 13 December 2017 at 8:59PM

molio67 wrote: »

I worked there since January 2017. I was sacked for emailing myself company data that we work through. I just checked my contract. It doesnt seem that they have to pay me my commission. I think i may be owed my 3 days holiday pay though

Gotta be careful with the emailing

Manxman_in_exile · 13 December 2017 at 9:35PM

I tend to agree with sangie that the email must have been intentional rather than inadvertent or accidental.

I suppose in gross misconduct cases the question is whether the employee knew (or ought reasonably to have known) that what they were doing intentionally would amount to GM in the eyes of the employer.

I'm not sure if handbooks include exhaustive lists of what amounts to GM.

xapprenticex · 13 December 2017 at 9:59PM

Any company data can result in GM, but we risk it anyway for the sake of getting extra work done at home. False economy.

I believe ignorance is not a defense so it doesn't matter what OP thought (evidently as OP has been sacked)

jobbingmusician · 13 December 2017 at 10:52PM

OK, I confess that in the past I have emailed myself spreadsheets containing client data, in order to work on them at home. I was *really* shocked to discover what a serious offence this is, nowadays, under GPDR (or I suppose more accurately what a serious offence it will become next year. However, the article I was reading referred to someone who had been sacked for doing just that very thing now, still GPDR.) In my case the only reason for emailing the data was to work on it at home, in my own time, giving time to the charity to get the work done. But because the data involved vulnerable people, I now know this is a real no-no. :eek:

Just been fired for gross misconduct

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free