Gross Misconduct

bubbles1323

Hi All,

Just after some advise, I have been employed for nearly 2 years now, I have not once put a foot wrong and had a promotion.

Today I found out that a council tax letter got sent to my work address which I have asked them not to do by the way but they still have done it.

The girl whom received it emailed me and I asked her to open it (my mistake) and for her to keep it for me until Monday (today) but asked if she could keep it locked not showing anyone else until I have had a chance to read it.

Funny enough it seems this girl doesnt like me very much and shown my manager whom then shown her manager and today I have been informed that I could be sacked for gross misconduct as the letter states "your account is being prepared for issue to a firm of bailiffs, OK that seems bad but with out me knowing about this letter?? I have now been sent home and asked to provide a credit check for my manager to check as it may now be seen that I am unsuitable to work in the finance department (I do not bank any monies nor do I touch any) I do however send invoices out to clients for there work)

Can the employer ask for my credit report after 2 years of employment and can I be sacked for Gross Misconduct??

I am so upset :mad: more by my so called friends and that includes my manager who could have dealt with it on her own - does this seem that they want me out??

Thanks, Bubbles

Keeping_Motivated

Hi I don't have any answers for you but I would suggest you contact Acas.
Info:
Acas (Advisory, Conciliation and Arbitration Service)
Acas has a range of services which can help individuals or groups of employees to avoid or resolve problems and disputes in the workplace. The Acas helpline offers free, confidential and impartial guidance on employment rights and workplace issues. They provide general information on employment rights and responsibilities and can also help employees and employers who are involved in an employment dispute to identify practical ways of sorting out the problem.

If an employer and an employee need external help to resolve a problem, Acas can often assist them to find a solution that is acceptable to both.
Acas (Advisory, Conciliation and Arbitration Service)

• Contact point
  Acas (Advisory, Conciliation and Arbitration Service)
• Address
  Euston Tower
  286 Euston Road
  London
  NW1 3JJ
• Phone number
  Helpline
  08457 474 747
  Switchboard
  020 7210 3613
• Text phone
  08456 06 16 00
• Website (opens new window)
  http://www.acas.org.uk
• Opening Hours
  Monday to Friday 8.00 am to 8.00 pm, Saturday 9.00 am to 1.00 pm (helpline)

Good luck

JUNIOR

What does your contract of employment say ! I think there quite within there rights to do this .If you cant manage your bills , you should'nt really be working in finance :rolleyes:

I think before you do anything, try and establish why your personel mail is being sent to your employers address :rolleyes:, this is a might be data protection issue .Why you asked somebody else to open your mail is beyond me

Be prepaired for the worst

Phone acas for advice , but i feel it may be a waste of time

mizzbiz

Can you not say you didn't ask this girl to open your mail and therefore turn it on them by saying they opened you personal mail?

If you knew you weren't paying your Council Tax, and knew this letter was from them, what on earth were you thinking getting her to open it?

As for your personal financial difficulties, is it anything to do with your company really? Had it not been for this letter, they would have been none the wiser, so surely (although I don't know), this can not be classed as gross misconduct?

Your company hand book should spell out what is required for gross misconduct. If personal, temporary financial difficulty is not listed, I don't see how they can enforce it.

Debt_Free_Chick

Does your contract say anything at all about your "credit worthiness" and/or whether your employer can run credit checks?

And, if so, does your contract state that credit checks can be run "now and then"?

Does your contract or any other company policy/code make it a requirement for you to be "credit worthy" at all times?

My own view is that it would be harsh for any lapse in personal finance to count as GM - even if you do work in finance. However, if the company has a code of conduct or similar policy and this requires you to have an unblemished credit record at all times, then the company may have a point. However, if it does have that policy, how do they monitor this? Are you required to "own up" if you get a CCJ, default or any other blemish?

If there is a requirement for you to have an unblemished credit record, then the company needs to follow the correct dismissal procedure, even for GM. Is there a reason for the CT letter? Are you in dispute with the Council or are you genuinely in financial difficulty?

bubbles1323

Hi,

Thanks for your replies, to be honest I was in debt with the council tax which I have paid off in May 09 so I honestly didnt know what this letter was for, this is the reason why I asked her to open it, I have defo learnt my lesson in trusting people thats for sure I have been in bad debt over the past 6 years but in the past 3 years I have cleared all but £2K of it of this I was not aware of this one!!

I am just about to dig my contract out, funny thing is the girl who opened the letter just last week was broadcasting her debt issues ones where she has been taken to court and had to just pay £6,000 off by getting a loan but that is not of my buisness but she has not been requested to fill in or provide a credit report nor has anyone else in the office. When I asked why, they stated that it was an issue with the HR department which they are now looking into??

In the meeting they did not mention how the got the letter and me being me wouldnt drop the other girl in it too soft and because it is my own fault anyway!! also just going to ring the council tax up now and ask why they sent it there as someone has got to have sent them my work address as I have never provide it
Thanks for your replies I know its my own fault but just really upset me how you think that you have friends when they are really not ;o(

Debt_Free_Chick

If your employer wants to pursue this, then they must follow a fair disciplinary procedure and treat you fairly.

If you have no Council Tax debt that you're aware of and this letter was unexpected, then you should simply defend yourself - quietly, but firmly. Dismissing you on the strength of that letter alone would not be fair IMHO - as the letter could be a mistake/misunderstanding.

Also, dismissing you for only £2k of debt doesn't seem fair - it's hardly a huge amount.

What's the current position? What's going to happen next?

DVardysShadow

JUNIOR wrote: »

What does your contract of employment say ! I think there quite within there rights to do this .If you cant manage your bills , you should'nt really be working in finance :rolleyes:

Personally, I think that is rubbish. Bubbles sends out invoices. There is of course a risk of kickbacks for neglecting to invoice, but a very solvent person could equally do this. And many people could fiddle their employer from many different roles.

It does of course depend upon the contract, but let us think about this with our cool heads on. If Bubbles had to comply with any particular solvency condition as a condition of employment, Bubbles would presumably either been credit checked already [in which case s/he would have been employed with debts no worse than at present] or s/he would have made a declaration, which means that Bubbles' would have told us that there was a problem with some untruths coming out.

Bubbles: As you are up to date with council tax from May 09 as far as you are aware, part of your defence could be to produce evidence that you have paid all that was required as far as you knew it. But be careful not to drop yourself in it for having had that problem prior to May 09. It does so depend on what your contract requires.

fitzmum

Debt_Free_Chick wrote: »

If your employer wants to pursue this, then they must follow a fair disciplinary procedure and treat you fairly.

If you have no Council Tax debt that you're aware of and this letter was unexpected, then you should simply defend yourself - quietly, but firmly. Dismissing you on the strength of that letter alone would not be fair IMHO - as the letter could be a mistake/misunderstanding.

Also, dismissing you for only £2k of debt doesn't seem fair - it's hardly a huge amount.

What's the current position? What's going to happen next?

My goodness - why would someone be dismissed for having debt??

Surely most people have a loan or a credit card? Or am I missing something here?

dacouch

How many employers do not have debt in the current climate and often debts they have defaulted on or had to rengoiate...

ravenlife

wait a second...

what reason have they stated for your "gross misconduct", surely unless it explicit says in either your contract or your employee hand book "that you cannot be in debt" then they have no grounds for such a thing.

if it doesnt, then you can just say you were unaware of the policy that has niether been written down or briefed out to you. right?