How best to Approach Gross Misconduct

John_Hancox

Just to flip this whole thing on it's head, I am the employee facing the Dismissal charge:(

I wanted to get responses from people based on how an employer would be thinking and see what my employers stance could be. But alas I am the employee facing this death sentence at Christmas time.

This is so so out of character for me and I just don't know how I ended up in this situation but here I am in the poop and facing my disciplinary tomorrow.

Thanks for the comments and I can only hope that my employers have the brass to keep me on as i am a bloody good employee that has faced a terrible 3 + years.

Googlewhacker

John_Hancox wrote: »

Just to flip this whole thing on it's head, I am the employee facing the Dismissal charge:(

I wanted to get responses from people based on how an employer would be thinking and see what my employers stance could be. But alas I am the employee facing this death sentence at Christmas time.

This is so so out of character for me and I just don't know how I ended up in this situation but here I am in the poop and facing my disciplinary tomorrow.

Thanks for the comments and I can only hope that my employers have the brass to keep me on as i am a bloody good employee that has faced a terrible 3 + years.

I wish you luck for tomorrow and whatever the result its not the end of the world. You can pick yourself up and move on with life.

planning303

flipping heck... this thread has got a bigger twist than black mirror last night lol

did anyone else not see that coming

dandelionclock30

If you do go you will find out who your friends truely are, and support will come from suprising sources. Dont just limit yourself to the type of work you were doing before look for other things as well. If they offer you the option to resign with a decent reference then take it.Be very contrite and promise that you will never do such as thing again.Ask them their reference policy. If they wont budge and sack you be dignified and dont swear or shout.Dont say anything apart from practicalities.

If you stay on a final written warning then dont take the P, they can and will get shut of you for anything. If you need support ask them for it before you get in a mess. Good luck. Do not trust co workers as there is always one who will get you into trouble!

Googlewhacker

liggins wrote: »

flipping heck... this thread has got a bigger twist than black mirror last night lol

did anyone else not see that coming

I didn't

anamenottaken

liggins wrote: »

flipping heck... this thread has got a bigger twist than black mirror last night lol

did anyone else not see that coming

Yes - from the first post - because it gave so much information from the employee's side and I thought it was testing out the person's own case. So I didn't comment but didn't challenge as the discussion may be of help to others too.

j.e.j.

spadoosh wrote: »

OK!! WELL DONE ON BEING A BARRISTER/EMPLOYMENT LAW CONSULTANT/OR A PERSON WHO ACTUALLY KNOWS WHAT THEY ARE TALKING ABOUT!!

This is it. This is an anonymous internet forum, and anyone could claim to be anything on here, - we have no way of knowing.

Hammyman

John_Hancox wrote: »

The employee has countered the allegations with a list of mitigating circumstances and I would like some advice on the validity of these circumstances.

1. Severe financial difficulties leading to Bankruptcy/loss of house/cars etc

Not your problem he can't control his spending.

2. Birth of daughter whom has had health issues from birth including operations at Great Ormond Street Hospital
3. Ongoing health issues with daughter leading to severe sleep deprivation (approx 4 hours sleep per day)
4. Employees personal health issues including admission to hospital on 2 occasions with Chest pains etc (one event happened at work and I took the employee to the hospital personally)

I have a shafted back and I've suffered from sleep depravation because of that and being a HGV driver working up to 15hrs on days and nights for nearly 2 decades. My first son was born 8 weeks premature and spent 3 months in hospital. I didn't feel the need to con my employer.

5. The employee has stated that due to low levels of staffing and combined with their domestic situation that he has felt an increase irritability and frustration whilst performing his normal duties.
6. Due to low staff levels the employee feels that the demands on him to make up the slack and work over there normal 10 hour shift leading to 12 hour shifts regularly have added to an imbalance in his work/life.

Not your problem.

7. Diagnosis from the Hospital was that he was hypertensive and stressed from work commitments
8. Our HR representative did not perform a Return To Work interview on both occasions of absence from work due to admission to hospital which the employee feels would have helped our company address any underlying problems that may be contributing to the cause of their hospitalization.

The only valid point he has but no excuse for what he has done.

9. The companies failure to provide adequate work breaks (we deduct 30mins per day from the employee but the employee has not had any breaks for a period of at least 14 months)

You provide the breaks. It is up to the employee to ensure he takes his them.

10. A missed overtime payment of £200 has forced the employee into a corner where they feel that money came before their duty to our company.

Utter rubbish. See my answer to 1.

So to break it down the employee feels that we as a company we have not taken seriously his out of character health issues, that due to their domestic situation i.e. sleep deprivation that their Judgement was impaired, the none provision of breaks, low staffing levels and the missed overtime payment have contributed to the employee making the choices that they have which lead to the in my eyes deceptive nature of the purchased material and profit.

I am looking to pursue a dismissal for Gross Misconduct but feel it would be pertinent to seek further advice from those here that may have experience in these matter. Many thanks for reading and one hopes that others maybe able to offer advice.

Apart from the return to work interview, not one single point he has made justifies what he has done. His finances are not your concern. The fact he decides not to take his breaks is something he has done off his own back. 10hr and sometimes 12hr shifts are no excuse - hell, there are tons of lorry drivers in haulage working far in excess of that, sometimes leaving home on Sunday night and not getting back til the following Saturday.

In short, he is grasping for straws. Now it is up to you what to do . I would play devils advocate and say that if he is an otherwise valued employee who has owned up to what he has done and made reparations then rather than dismissal for gross misconduct make it a final written warning and that any other examples of this will be immediate termination.

Good competent workers seem to be hard to find and the cost of employing the village idiot to replace him can outweigh what you have lost if he hadn't have repaid you.

EDIT: Now I've seen the post from you that outs you as an underhanded devious liar, I retract the devils advocate comment that you're worthy of a chance however I have left it in so that any GENUINE employer wondering what to do may get some help from it.

Emmzi

John_Hancox wrote: »

Just to flip this whole thing on it's head, I am the employee facing the Dismissal charge:(

I wanted to get responses from people based on how an employer would be thinking and see what my employers stance could be. But alas I am the employee facing this death sentence at Christmas time.

This is so so out of character for me and I just don't know how I ended up in this situation but here I am in the poop and facing my disciplinary tomorrow.

Thanks for the comments and I can only hope that my employers have the brass to keep me on as i am a bloody good employee that has faced a terrible 3 + years.

You would have got better advice on recovering the position posing as yourself, but I feel cheated/ conned and disinclined to help. For one thing, your employer may not share the same opinion of your character/ work ethic as you do.

Can't you be honest about anything? Is this a recurrent character trait with you?

Jarndyce

j.e.j. wrote: »

This is it. This is an anonymous internet forum, and anyone could claim to be anything on here, - we have no way of knowing.

Well I've never noticed you post on here before so that is certainly true in your case. But of those who post regularly I think we all have a very good idea about who knows what they are talking about and who doesn't.