I'm getting the sack. Should I let it happen?

VfM4meplse

Gargatron wrote: »

I've been stuck doing a job I despise for years. It's got to the point were even my Fridays are depressing because I know it's nearly Monday! It's stressful and I get told off pretty much every week for anything and everything. I'm very unhappy all the time and I would love to just hand my notice in.

You sound like a very disenfranchised employee. No-one has forced you to stay in a role that you didn't like and I have no doubt that your attitude imparts itself on your work whether or not it is intentional. I find the fact that you had a positive response to your misconduct notification to be just bizarre.

Nevertheless, there are two sides to every story, and you deserve a fair hearing so don't deny yourself that chance.

Gargatron

SarEl wrote: »

If you get sacked at all then you are at high risk of being sanctioned.

But I am confused - you are accused of gross misconduct (which certainly could be dismissed for), you said that you are confident you have done nothing wrong enough to get sacked for (interesting choice of words - indicates that you have done something wrong, and whether it is worng enough to be sacked for may not be your choice!), and now it is "better" to get sacked for capability rather than misconduct - no it isn't!

You might find the quality of advice is better and more accurate if you tell us what it is you have done - because done something you have!

I work in IT. A technician restored a backup wrongly at our workplace and said that it was my fault because as his boss, I should have had an official document stating exactly what where and when should be backed up and restored. Management agree with the employee. They asked to see the backup policy which I hadn't had the forethought to make.

I could go to this meeting and ask where in my job description it specifies that I am responsible for backups, or even procedural documents. Or I could say that the person who messed up should have paid more attention, he knew how to do it but got it wrong. However it is my department so I'm sure they would say that I shouldn't need to be told.

Am I wrong to think that dismissal for capability is viewed less harshly than dismissal for misconduct when deciding on a JSA sanction?

momstheword

I would assume that dismissal for capability is viewed less harshly than gross misconduct. I wouldn't admit to anything I haven't done and try to come to some sort of compromise with them.

Two weeks pay and a good reference and you will accept their decision, my friend had to attend a disciplinary hearing in work last week and she put this to the area manager who then offered her one weeks pay and a good reference. Everyone was happy at the end of it, she didn't like her job and the area manager wanted her to leave so they were both happy!

paddyrg

Gargatron wrote: »

I work in IT. A technician restored a backup wrongly at our workplace and said that it was my fault because as his boss, I should have had an official document stating exactly what where and when should be backed up and restored. Management agree with the employee. They asked to see the backup policy which I hadn't had the forethought to make.

I could go to this meeting and ask where in my job description it specifies that I am responsible for backups, or even procedural documents. Or I could say that the person who messed up should have paid more attention, he knew how to do it but got it wrong. However it is my department so I'm sure they would say that I shouldn't need to be told.

Am I wrong to think that dismissal for capability is viewed less harshly than dismissal for misconduct when deciding on a JSA sanction?

That is pretty harsh. There was clearly a bigger problem if they needed to restore from backup in the first place. Then an underling screwed up. I think you'd be due a stern warning, but not the sack. I get the feeling you're carrying the can for somebody else's screw up.

SarEl

dandelionclock30 wrote: »

I got dismissed and an agreed reference.I was signed on straight away and got money.I havent got another job yet but that isnt due to being sacked its due to the economy.
I was talking to the lady at the jobcentre this week and she said plenty of people are sacked and get other jobs.This was also echoed by my solicitor and by my union rep.
I think its just harder than if you havent been. I would go for the resignation if you are'nt going to take them to a tribunal.

If there is a settlement - which there was in your case - and union/legal involvement potential tribunal case) then JobCentre often don't sanction. I occasionally get letters asking for cofirmation of cases/proceedings and those are generally accepted. Just getting sacked usually isn't.

SarEl

Gargatron wrote: »

I work in IT. A technician restored a backup wrongly at our workplace and said that it was my fault because as his boss, I should have had an official document stating exactly what where and when should be backed up and restored. Management agree with the employee. They asked to see the backup policy which I hadn't had the forethought to make.

I could go to this meeting and ask where in my job description it specifies that I am responsible for backups, or even procedural documents. Or I could say that the person who messed up should have paid more attention, he knew how to do it but got it wrong. However it is my department so I'm sure they would say that I shouldn't need to be told.

Am I wrong to think that dismissal for capability is viewed less harshly than dismissal for misconduct when deciding on a JSA sanction?

Yes. The only grounds upon which capability isn't sanctioned is usually ill health capability - that is, not your fault. I think that if you really want out then I would go with the others and try to settle it - a mutally agreed termination, good reference, and a few weeks pay. You probably won't get more than that, and whilst I think their case is weak, yours isn't a whole load better and I wouldn't want to bet on a tribunal outcome. But it might be worth their while to settle to make sure it goes away with you.

CFC

I'd be thinking....if the technician didn't know what to do or was unsure in any way, why didn't he ask to check? Or were you out of the office, in this case was there nobody else in the office that he could ask in person or by phone? I hardly see that he could blame you for the fact he was winging it unless he was literally on his own and the restore was urgent. Even then I'm not sure it's a good excuse for winging it - fact is that techies generally want to show off how clever they are and look for an excuse to go it alone and experiment. A technician has enough understanding of the problems caused by doing something wrongly to be aware that they shouldn't do it unless they know how. Sounds pretty reckless to me - and you cannot legislate for recklessness in the job.
I'm not sure why you would have a back up policy - the policy is that back up is done, surely as actual backup/restore is a task there would not be a policy, there would simply be training involved as to the mechanics and as to who could request a restore. If the training of the techie is part of your job, then the question is, have you been trained on how to make training effective and auditable? Have you even been trained to understand what those terms might mean in the training world...I bet not? So the person who is responsible for your induction and training has fallen down on the job - it can start with the techie and end up with the chairman

It does sound like a very weak case to me, unless your job title and role is specialist enough that it would be normal for you to oversee the production of documentation.
I think the advice above is sound - if you want out, get a mutually agreed termination and some pay.

jc808

The fact your company dont have written procedures for backups makes m hink theyre shysters

Gargatron

jc808 wrote: »

The fact your company dont have written procedures for backups makes m hink theyre shysters

I'm the one they say should have written the documentation, so that shyster is me!

Well, I'm glad I had union backing, as posters have said, their argument was weak and they don't have enough to take further action. It's definitely a wake-up call for getting a new job ASAP.

torbrex

I GOT the sack and I should never have let it happen, I now have to explain to potential employers why in great detail and it does not make for a comfortable interview