Sacked - Now Helpless

simon4amiee

My wife has just been given the sack for gross misconduct - she refused to carry out orders from a superior. She had worked there for 3-4 years, getting a promotion on the way, she has been told they will give her golwing references, and the only reason they had to is because they had just had the same case a few days earlier with someone else who did the same.

Now I fear our marriage will end, we will lose our home which is rented, as I dont earn enough to support us both, and I doubt she will get any JSA or any benefits.

I am just so helpless now, and gutted as we have only just moved into a nice home!

Oldernotwiser

Calm down! There's no reason to suppose that your wife won't get another job quite quickly and even if it takes a bit longer, why on earth would you think that this would bring your marriage to an end? These sort of problems are part and parcel of married life and I'm sure that you'll solve them together. Good luck.

simon4amiee

Dont suppose there is anything I can now get to help in the way of benefits, as I ony get £950 after tax a month, of which £150 goes straight ot my sons mother for maintenance, leaving £800 a month total income, oh yes then the Council tax that goes straight out my wages of another £150 leaving £650 a month!

mymatebob

Did the company concerned carry out the sacking in accordance with their procedures?

Buttercup.x

simon4amiee wrote: »

My wife has just been given the sack for gross misconduct - she refused to carry out orders from a superior. She had worked there for 3-4 years, getting a promotion on the way, she has been told they will give her golwing references, and the only reason they had to is because they had just had the same case a few days earlier with someone else who did the same.

Now I fear our marriage will end, we will lose our home which is rented, as I dont earn enough to support us both, and I doubt she will get any JSA or any benefits.

I am just so helpless now, and gutted as we have only just moved into a nice home!

To be honest gross misconduct is quite bad, i was dismissed for this from a job a few years ago, i tried to claim some JSA or some Income support untill i found another job but was told i had to wait 4 weeks before even making a claim!!

i however appealed against my dismissal and was given my job back as they were wrong to sack me this was proven when the same person then promoted me to be a team manager.

I hope it all turns out well for you and your wife, I know its hard but (this sounds really bad) its not the end of the world and there is light at the end of every tunnel, she needs to be positive and you need to be also support her in her new job search and she will find one.

moike

Was what she was being asked to do in her job description? Gross misconduct sounds a bit OTT for failing to carry out 'orders'.

sdooley

If your wife has been working for 3-4 years she will be entitled to contributions-based job-seeker's allowance. Tghis doesn't take into account savings or your income.

On your wage you may also be entitled to tax credits.

Plus, as people above have said, you can't sack people without going through a disciplinary process (which includes notifying a right to appeal). We don't know the history, whether there have been any prior warnings etc, but from what you've said might be time to get (no win no fee) lawyered up.

simon4amiee

mymatebob wrote: »

Did the company concerned carry out the sacking in accordance with their procedures?

No idea was just told a few mins ago, will look at her letter when she gets it, but there were circumstances around it which led to her refusing.

We have been trying for a baby for 3-4 years now and had 3 miscarriages, as a result we were both sent for extensive tests which were due a week or 2 ago, we then got a letter saying it had been put back till october. As a result in her lunch break the wife rang the hospital but was passed from pillar to post, thus going ten mins into her working time. She was ordered into an office and given a verbal warning, she had no documentation of this. As such i looked at her greivance procedure and mentioned the above, they then withdrew the verbal warning.

However because she had just been told off, and being in the frame of mind that we are desperate to get our results on the tests she snapped and refused to do as her supervisor who had just given her a verbal and refused to carry out a task, stating she was a team player and needed to help tidy one area before moving to the next, thus the misconduct charge.

I will always stick by my wife we have had it hard for 3 years and what doesnt kill us makes us stronger, its just i dont see how she could appeal to get her job back, or to get a current job in todays economical climate especially as she was sacked!

simon4amiee

gross misconduct in their procedure covers 'failing to perform reasonable task from management'

epsilondraconis

I'm no expert; however it sounds like mitigating circumstances.

Regarding the baby situation, we're in a similar boat. We've been trying for 6 years or so and no luck. We went for our first course of IVF and none of the eggs fertilised and they said to us there was little hope of succeeding in future. I just wish there was a magic wand that we could wave in circumstances such as these.

I really hope everything works out. You're obviously already a Dad and so I guess your wife is struggling with lots of emotions. All I can suggest is that you are just there for her.

Perhaps she could contact the Citizens Advice Bureau for more assistance.

Also is she in a union of any kind that could help?

Good luck anyway...

chuckley

simon4amiee wrote: »

My wife has just been given the sack for gross misconduct - she refused to carry out orders from a superior. She had worked there for 3-4 years, getting a promotion on the way, she has been told they will give her golwing references, and the only reason they had to is because they had just had the same case a few days earlier with someone else who did the same.

Now I fear our marriage will end, we will lose our home which is rented, as I dont earn enough to support us both, and I doubt she will get any JSA or any benefits.

I am just so helpless now, and gutted as we have only just moved into a nice home!

y? u done summat wrong...