Fired for Gross Misconduct - Need advice

AP007

zenseeker wrote: »

I'm aware that I forfeit ILON, but they are not paying me until they have completed their investigation...if at all. I'm still owed at least 15 days holiday too.

I did consider it strange that I should have been fired before the investigation is completed. I'm heading back to CAB tomorrow to see where I stand with all this.

All that happened was I was called into the office by my area manager. She asked the pharmacist in as well (I was given no choice about the witnes) I was presented with two allegations which I initially denied, but later admitted...after that I was told I was dismissed for gross misconduct and escorted from the building.

It was only today, over a week later, that I discovered they are investigation further evidence of other misconduct, and I only found this out because I phoned them to enquire about my pay

Thanks for all the advice so far.

So why were you fired if they have done NO investigation?

paulineb_2

Think you need to get some legal advice, as has already been said even if you did do something that warranted being fired, you are still entitled to a proper investigation/disciplinary process, plus the right to be accompanied at a meeting, you should know details of the allegation before the meeting and you should have been given the right to appeal

And its illegal to withhold wages from you that you are owed

zenseeker

I'll speak to CAB tomorrow and post an update.

My Doctor is trying to help, she has put me in touch with a group called Positive Steps just for some support. Thhis is proving hard on my mental state as I have been combating depression most of my life

zzzLazyDaisy

zenseeker wrote: »

All that happened was I was called into the office by my area manager. She asked the pharmacist in as well (I was given no choice about the witnes) I was presented with two allegations which I initially denied, but later admitted...after that I was told I was dismissed for gross misconduct and escorted from the building.

It is very clear, on the facts as you have related them, that the dismissal was unfair on procedural grounds.

However, depending on what the two incidents were and how serious they were, it is entirely possible that the additional investigation is a bit of a red herring as far as the fairness or otherwise is concerned. In other words, if the original two incidents are capable of being viewed as gross misconduct, then the question of whether they dig up further incidents of misconduct is irrelevant (except to say that if you were to take the company to a tribunal, they would not be able to rely on anything discovered afterwards to justify the decision to dismiss).

But none of this helps you to get payment of the money owing to you, which is any outstanding wages and holiday pay.

You can make a claim for unlawful deduction from wages to the tribunal for the money owing (you can do this online). However, you should avoid making a breach of contract claim as this is the only way the employer can make a counter claim against you in the tribunal, and is not necessary anyway. However, you should first write to them setting out what you say you are owed, giving them 14 days to pay, and warning them that if they donot pay within this time period you will start legal proceedings for recovery of the money without further notice.

Note - this advice may be different if you accept that you do owe them money AND there is a deductions clause in a contract or some other document signed by you.