Suspended pending dismissal for Gross Misconduct **UPDATE**

123helpme123

Hi all,

Just to update, that as of today I've been dismissed. No notice pay as its a summary dismissal.

I've applied for contribution based JSA and will be applying for everything going. I'm a bit in shock, but more relieved that its all over.

Thank you to those who have posted who offered such great support.

an9i77

Sorry to hear that, I really thought they'd give you a warning. how mean to make you wait all weekend, I guess they wanted to be sure/take advice before taking such a drastic step.

I really think you should have a think about appealing /claiming unfair dismissal if an appeal fails. You have nothing to lose and if not your job back then potentially some money to gain (a lot of employers will settle rather than go to tribunal).

Then again you may wish to just put it all behind you.

It does sound harsh, but its over now and you can get on with finding something else.

Phil_68

Appeal - but only if you want to continue to fight.

After that comes ET for unfair / wrongful dismissal and brings a whole new battle of emotions.

I think you have given in anyway, and wish you the best for the future

Phil.

unlikelyheroine

I'm very sorry that you have lost your job, especially as you were so aware and forthright about what you had done. I hope you can find another role very soon.

However I am not sure the advice above that you should appeal this decision is a very good idea. You were essentially relying on your employer's goodwill and forgiveness to get through this and they have decided that they would rather exercise their right to terminate your employment. That's a fairly harsh approach but I am not sure where unfair dismissal would come into it unless I have misunderstood the facts.

In any case I totally feel for you as pressure is a hard thing to deal with. I hope that this is all resolved and you can move on once the dust has settled on this.

an9i77

If you think the punishment is too harsh for the crime, that would be grounds for appeal / unfair dismissal claim.

However , in my experience appeals that overturn a decision to dismiss are quite rare and it does sound like this one has been decided at quite a high level and the fact that they made you wait for the outcome suggests they may have sought legal advice before making this decision.

I think it is a totally personal decision on whether you want to fight further or not.

unlikelyheroine

I think it is difficult to argue that the punishment is too harsh where there is an element of dishonesty and misleading the employer involved. The OP sounds like a decent person (and employee) who got something wrong but it's more the covering up than the initial mistake that has caused the issue here, or so it seems to me. I agree they might have consulted their lawyers.

ValHaller

123helpme123 wrote: »

Thanks Phil. I didn't mention at the meeting that the letter / allegations didn't match. I was so emotional. It was only after that I realised. I assume that doesn't matter and that it still doesn't change the fact they didn't do that right.

One of those things which it is good to save for an appeal

123helpme123 wrote: »

Just to update, that as of today I've been dismissed. No notice pay as its a summary dismissal.

Nothing to lose and everything to gain by appealing.

Sometimes employers do dismiss and then reinstate on appeal over a procedural technicality - typically where a good employee handles a single issue badly - because it sends out a message over how seriously the issue is regarded, but saves them losing an employee who they judge will actually resume working well.

It is far from certain that you will be reinstated. But if it is actually your pride which stops you, then I would say that you are one of those employees who would rise to the situation if reinstated. If your bosses might see it that way, then don't let your pride stop you.

Torry_Quine

123helpme123 wrote: »

Hi all,

Just to update, that as of today I've been dismissed. No notice pay as its a summary dismissal.

I've applied for contribution based JSA and will be applying for everything going. I'm a bit in shock, but more relieved that its all over.

Thank you to those who have posted who offered such great support.

Sorry to hear that. Make sure that you tell the job-centre that you were dismisssed as they will contact the employer.

top_drawer_2

I'm so sorry. I honestly thought you would be ok as I couldn't see any reasoning in them dismissing you.

Hopefully the universe has some reasoning somewhere in there for you... Something to be gained from the whole debacle.

flashnazia

unlikelyheroine wrote: »

I think it is difficult to argue that the punishment is too harsh where there is an element of dishonesty and misleading the employer involved. The OP sounds like a decent person (and employee) who got something wrong but it's more the covering up than the initial mistake that has caused the issue here, or so it seems to me. I agree they might have consulted their lawyers.

I agree.

OP, I'm sad to hear about your dismissal - I was hoping they wouldn't - but, I really don't see any grounds for unfair dismissal. An employment tribunal will look at whether or not your employer acted within a band of reasonable responses. The employer will probably say they can't trust you anymore or some such.

Having said that, there is nothing to lose from appealing. You may want to suggest you will accept a demotion instead?

On another note this thread is a valuable reminder/lesson to all of us. We are all human. 'There by the grace of god go I' and all that...