Unfair Dismissal

Marc1970

Hi folks!

Will try and keep this brief…. Dismissed from my job for gross misconduct (alleged dishonesty) which I dispute, was arrested by the police for possession of cannabis making it physically impossible to attend my job so I called in to say I would not be in on this day for personal reasons (was too embarrassed to say I had been arrested!), though company were informed by a third party about my arrest, company have now gone through the disciplinary procedure saying I was dishonest so subsequently dismissed after 17 years and with a previous clean conduct record in all that time. Dismayed to say the least! Already got the wheels in motion regarding the ET forms. Also in their desperation the company while going through my appeal sought and received information from the police re my arrest. Would this be allowed under the data protection act? Hope all that makes sense! Thanks for reading and look forward to any comments you may have.

mountainofdebt

Marc

The only comment I would make is what does your ex-employer's handbook say about gross misconduct offences?

The reason I ask is that most employers would class being in possession of illegal drugs (and cannabis is now a class b drug) as being a gross misconduct offence.

LinasPilibaitisisbatman

So you were arrested then chose to lie about it.

Of course its gross misconduct, even in a simple entry level position, if its a much more senior position your stance becomes even more ridicolous.

Think you should move on.

Debt_Free_Chick

Marc1970 wrote: »

Hi folks!

Will try and keep this brief…. Dismissed from my job for gross misconduct (alleged dishonesty) which I dispute, was arrested by the police for possession of cannabis making it physically impossible to attend my job so I called in to say I would not be in on this day for personal reasons (was too embarrassed to say I had been arrested!), though company were informed by a third party about my arrest, company have now gone through the disciplinary procedure saying I was dishonest so subsequently dismissed after 17 years and with a previous clean conduct record in all that time. Dismayed to say the least! Already got the wheels in motion regarding the ET forms. Also in their desperation the company while going through my appeal sought and received information from the police re my arrest. Would this be allowed under the data protection act? Hope all that makes sense! Thanks for reading and look forward to any comments you may have.

When did your dismissal occur? before or after 6 April.

How does your arrest fit with your dismissal? Could you post the bare facts in chronological order?

Marc1970

Will try and be a bit more specific...
17 October 2008: Was due at work on this particular day but got arrested by the police for possession of a class c drug for which I subsequently received a caution. Phoned into work while I was under arrest to say I would not be coming in due to personal reasons nothing else said. Returned back to work on the Monday and was called in by a manager who had received information about my arrest for possession of a class c drug which I did not deny. He then decided to suspend me for dishonesty for not giving them more details that I was under arrest by the police when I made the telephone call.
23 December 2008: Received my notice of dismissal from company which I appealed against.
25 January 2009: Had my appeal interview.
06 April 2009: Notified of decision which is upheld.

Still think the decision to be harsh considering my previous clean conduct record and have submitted my ET forms.

LinasPilibaitisisbatman

What is it you do?

happylife

Hi Marc..

1. Check your Contract and what is deemed Gross Misconduct. The List of what is deemed Gross Misconduct varies from employer to employer...

2. Have you spoke to anyone at ACAS or legal advice ?

3. In order for something to amount to gross misconduct it has to be so serious as to go to the root of the contract.
You should have it in writing what you are being dismissed for... Do Not assume "you have the right to request in Writing the Gross Misconduct dismissal"

4. Lying about something is often worse than admitting to the Crime... As you are then considered not in the best interest of the company. Particularly where sensitive data can be obtained..

For example If I was arrested , My Boss would probably laugh about it (not sure about Cannabis tho)..
But lying about it may cause them to consider this Gross Misconduct..

Good luck,,
Happylife..

willsonline

Dont see what this has got to do with work in all honesty...I mean they have no business in what happens in your personal time, unless this happened on company premises?

Marc1970

willsonline wrote: »

Dont see what this has got to do with work in all honesty...I mean they have no business in what happens in your personal time, unless this happened on company premises?

Exactly my thoughts too as this has nothing to do with work and did not occur on company premises.

mumoftwins

happylife wrote: »

Hi Marc..


4. Lying about something is often worse than admitting to the Crime... As you are then considered not in the best interest of the company. Particularly where sensitive data can be obtained..

.

I can't see how Marc lied here he gave 'personal reasons' as his excuse for not attending work - there was no actual lie there. 'Personal reasons' covers a multitude of explanations as to why someone isn't in work.

Debt_Free_Chick

Marc1970 wrote: »

Will try and be a bit more specific...
17 October 2008: Was due at work on this particular day but got arrested by the police for possession of a class c drug for which I subsequently received a caution. Phoned into work while I was under arrest to say I would not be coming in due to personal reasons nothing else said. Returned back to work on the Monday and was called in by a manager who had received information about my arrest for possession of a class c drug which I did not deny. He then decided to suspend me for dishonesty for not giving them more details that I was under arrest by the police when I made the telephone call.
23 December 2008: Received my notice of dismissal from company which I appealed against.

Did the company hold any investigation? Did you attend a disciplinary hearing where the company set out the results of their investigation and invite you to comment?