bf dismissed for alleged gross misconduct - need advice for the appeal - please help

Uncertain

charlie3090 wrote: »

i agree, i thought that once there is a suspicion/allegation of gross misconduct,the employee had to be suspended while investigated etc

No, as stated there is no such legal requirement. Individual firms may adopt this policy but don't make the mistake of assuming that what you have encountered is universal.

jobbingmusician

I don't hold out much hope for him, to be honest.

However, I would concentrate on two points if it was me arguing.

1. I didn't lock the van because it takes time and I find it affects the number of deliveries I can make in a day. Although I now understand the seriousness of this, I mistakenly believed that I was monitoring the van at all times and was not leaving the load at risk - I was certainly not wilfully failing to follow company procedures; rather, I was trying to act in the best interests of the company by making as many deliveries as possible. I now accept I was mistaken.

2. I am concerned that I have been singled out, as I understand that Mr A and Mr B have also been disciplined for this defence, but not dismissed. Although I accept that I have done wrong, I truly believe that dismissal is a disproportionate penalty.

bevanuk

You can go back to them and ask questions and try and persuade them to give him his job back, but that's it.

They don't have to accept meetings with him nor do anything about this.

t0rt0ise

He should forget it. Arguing that others have done worse is no basis on which to make an appeal. The company can do what they like as long as they don't discriminate on race, colour, disability etc. And arguing that he was doing his best and watching the van has been proved wrong by the fact that they drove the van away. He needs to just get on with finding another job and let this one go.

czerniacha

I know the chances are very close to zero however I just want to give it the best try I can... Even if it will only end with getting a reference off them at best

We have an appointment with a legal advisor this evening and I'll see what he says...

I still welcome any(even the craziest) ideas anyone can come up with...

As stupid as it sounds it is ME who's having the worst time bacause of it And if it all fails I will have a very bad time in the next weeks(and probably months) 'helping'(doing all apart from going to interviews) him to find a new job...

Anyway big thanks to everyone who posted

t0rt0ise

I did wonder why it's all down to you to do the work. But I do remember having to do a lot of 'encouraging' with my ex, so you have my condolences!

If they do agree to write a reference it may not say what you want it to.. reason for leaving: dismissal.

czerniacha

t0rt0ise wrote: »

I did wonder why it's all down to you to do the work. But I do remember having to do a lot of 'encouraging' with my ex, so you have my condolences!

If they do agree to write a reference it may not say what you want it to.. reason for leaving: dismissal.

yep, that what I'd like them to miss out

well, as said, I'll give it my best try...

bevanuk

Why can't he do something about it himself?

czerniacha

bevanuk wrote: »

Why can't he do something about it himself?

I guess because some people simply aren't good at things like that?

Also English isn't our native language which makes it even harder and mine as A LOT better then his...

Also this situation affects us both as we're living together(we're a couple for almost 5 years) so if he isn't earning money it means I have to pay more...

micflair_2

charlie3090 wrote: »

i agree, i thought that once there is a suspicion/allegation of gross misconduct,the employee had to be suspended while investigated etc

THIS.

If its as serious as gross misconduct then the employee should NOT be in work while the matter is under investigation.

Put it another way, if your partner had been stealing gear from work, he would have been suspended and then sacked. The matter has to be dealt with straight away. I dont get how they can pull it out 4 weeks later. So they could just pull it out of the hat a year down the line? Im pretty sure it should have been dealt with at the next available chance, this is the avenue you should be going down. Good luck.