I think my company is trying to get rid of me!

mrs_pickle_2

You can use these as examples of why you are being singled out and treated less favourably.

Maybe argue discrimination on grounds of sex, age, race, disability etc.

simon4amiee

liney wrote: »

Like?

Gross Misconduct is very serious and consitutes things like stealing, abuse, fraud, violence. A company would find it very hard to function with all it's staff commiting these offenses. Unless of course you have an over zelous policy which could possibly be challenged.

There is a code of conduct, but its not clear as it states "The code includes the company rules, which employees need to follow, and examples of misconduct which the company normally regards as gross misconduct"

Ther is a separate section of examples of gross misconduct which as noted earlier my wife didnt do, but she did technically break a code of conduct "Employees are required to maintain satisfactory standards of performance at work"

According to the letter she received this IS classed as GM, thus all the other should be too including:

"Personal mobiles must be switched off at all times"

"Employees must notify the company of second jobs"

trust me there are loads at least 40, which we can find staff breaching and nothing done.

liney

In my opinion a company dismissing an employee for not switching off a mobile phone (without repeated warnings) and stating Gross Misconduct would be deemed to be avoiding a fair proceedure by a tribunal.

You have to remember that your wife has "history" though and these are not her first offences.

simon4amiee

liney wrote: »

In my opinion a company dismissing an employee for not switching off a mobile phone (without repeated warnings) and stating Gross Misconduct would be deemed to be avoiding a fair proceedure by a tribunal.

You have to remember that your wife has "history" though and these are not her first offences.

please read the link to the previous thread it explains alot she doesnt really have previous!

CFC

simon4amiee wrote: »

please read the link to the previous thread it explains alot she doesnt really have previous!

You need to take your emotions out of this. Believe me, if she was reinstated and on a FINAL WRITTEN WARNING she DOES have previous form. You really are not seeing this as the company would see it. She was lucky; if they had decided there was no case to answer she would have been given a 'no outcome' or simply a verbal warning.

She was told to do something and she chose not to do it as 'she knew better' than the person who gave the legitimate management instruction. She is already on a Final Written Warning, which is live. Her final Written Warning was in fact, for the offence of failing to follow a legitimate management instruction, I believe?

She may be the most wonderful person in the world to you, and completely misunderstood by her company from your perspective, but that is NOT the way it appears to her employers. As another poster has stated, work is not a democracy. Perhaps your other half might be better suited to working for herself?

liney

simon4amiee wrote: »

please read the link to the previous thread it explains alot she doesnt really have previous!

Whilst i undestand you have been under pressure, the employer cannot turn a blind eye to her behavior or it gives carte blanche for everyone else to do as they please.

If she's on a final written warning, and yet again didn't follow instructions i think they can justify letting her go. Warnings are there to let someone know they have done something wrong and warn them not to do it again! There are only so many times you can tell someone their behavior is unacceptable before you realise they just aren't listening. Sorry.

Just to add since the change to Disciplinary and Grievance in April 2009 companies will not be automatically guilty of unfair dismissal due to minor errors in letters or proceedure. ET's will judge whether they believe the proceedure to be fair and constant on the whole.

Aaron_DC

I don't mean to be on my high horse at all but break it down. She was given a task by a supervisor that she did not carry out. At my company that is Failure to comply with a reasonable management request or something along those lines. To be fair if this other supervisor wants her on nights so badly why has nothing come of it? And if your wife feels bullied by this supervisor why has she not done anything about it? I know it sucks to be given tasks you deem 'above' you, for instance one minute I was training the new weekend staff the next minute I'm mopping up smashed wine cases, sometimes you got to bite your tongue and get on with it.