Mum has been fired.

CathChat

Can someone help me please. My mum works in a cafe and yesterday the owner rang her and told her she was not to go into work today. He said that she could go quietly or otherwise they would fire her for gross misconduct.

When she asked what the gross misconduct was she was told they had had complaints from the customers about the way she treats them.

Is this grounds for gross misconduct or should they have given her a warning verbally and then in writing?

Any help is appreciated

Cath x

jellynose

What is your mum's length of service in her job?

CathChat

3 and a half years

black-saturn

It depends. Has she been treating customers badly or not? it may be that they have found someone who is willing to work for less money (like an immigrant or a very young person) and they wanted an excuse to fire her.

Bean_Counter

Based on this info, Mum has been incorrectly fired.

There are statutory procedures to follow, which include interview and appeals. Check out the acas website.

jellynose

Just wanted to check that she had over 12 months service as the advice is not the same if she didn't.

The key difference between dismissal for misconduct and gross misconduct is that in the former case the dismissal is end result of previous warning(s), while the latter (gross misconduct) the offence is so serious that it warranted a dismissal without any previous warning.

When an employee is suspected of committing an act of gross misconduct they cannot remain in work, however, the employer must follow the disciplinary procedure and investigate the offence. Your mum should be invited to attend a disciplinary meeting with her employer (she can be accompanied by either a trade union official or fellow employee). The letter from her employer should note the basis of the alleged gross misconduct. This meeting will be an opportunity for your mum to give her side of events.

Then the employer makes a decision based on was the offence committed so great that the employee cannot remain in my employment. Dismissal should be a last resort and should be avoided where possible.

Your mum has the right to appeal any decision that her employer makes.

I suggest that your mum contact ACAS for advice.

Hope this helps.

CathChat

black-saturn wrote: »

It depends. Has she been treating customers badly or not? it may be that they have found someone who is willing to work for less money (like an immigrant or a very young person) and they wanted an excuse to fire her.

That is what we think is the reason she has been fired. I used to work there part time with her and she has never treated a customer wrong.

My mum also said she can get people to back her up on this.

Bean_Counter

Also look at this link and the link it contains.

http://www.direct.gov.uk/en/Employment/Employees/ResolvingWorkplaceDisputes/DG_10028111

I would say she has a case for automatic unfair dismissal at any tribunal. I doubt being rude is gross misconduct, but it would depend on the employers' procedures.

CathChat

So are they supposed to give her the reason for this dismissal in writing?

CathChat

It is a bit mish mash in the way they have done it.

Mum is currently on the phone to acas, so Ill let you all know what advise she has been given.

Thanks

Cath x

peter999

CathChat wrote: »

Can someone help me please. My mum works in a cafe and yesterday the owner rang her and told her she was not to go into work today. He said that she could go quietly or otherwise they would fire her for gross misconduct.

When she asked what the gross misconduct was she was told they had had complaints from the customers about the way she treats them.

Is this grounds for gross misconduct or should they have given her a warning verbally and then in writing?

Any help is appreciated

The employer has made a very silly mistake.

Your mum should seek compensation of 1.5x her salary, 1 year's salary plus 50% for unfair dismissal.

peter999