Dismissed for Gross Misconduct

Glengall

I was an IT manager and had no staff as they all left so I had to do everyting and hired contractors for short contractors when I could. I have worked for the company for 21 years and on May 13th I was dismissed for gross misconduct and given no notice and only paid for the first 13 days of the month. I don't know if I am entitled to accrued holiday pay. This comprised of me being asked for information that I was concerned about as I felt he would be given it to the new software house that I had introduced to re-engineer the system. After several heated meetings with my MD and letters repeated asking me for the information I was told to attend a disciplinary meeting and was informed that I was being judged for insubordination and if proven I may be dismissed. This felt was a set up as I was suspended on the Friday and dismissed on the Monday. Thus there was no MAY about it. Now I understand that the software house is probably being asked to support the system, The company is suffering from reduced orders and is paying a great deal every month which has been halved due to not having to pay me now. I have six months notice but am not being given it. I worked for the owner until 2008 and then his son took over and that's when the trouble started. In 2008 the company was up for sale which fell through and 5 people left including senior managers due to the bad blood caused. I have ben steadfast in supporting the company in introducing new bespoke systems and have kept the company's IT systems going. I am now faced witha bleak future and starting to do all the things that I need to. I have been told that if I take legal action and win, because the company is LTD it would not have to pay any claim. I feel the dismissal was disproportionate and not an appropriate response. Where do I stand and what can I do now?

AP007

If you have been fired for GM you get no PILON only what you have worked for and I am sure accrued holiday

They fired you as you would not provide the MD's with info requested?

McKneff

You need to look at your company handbook under

'failed or would not carry out a reasonable request.

And yes, you certainly would be entitled to accrued holiday pay.

CFC

Hello Glengall

Whether the company is limited or not is irrelevant, any employer can be taken to a tribunal.

You have the right to appeal the outcome of the disciplinary and that must be your very first step. You need to write a letter - you should already have been told how to appeal.

Be aware that refusing to hand over work related information when directed to do so is gross misconduct. They gave you several chances to hand over the information but you refused....why do you believe it isn't gross misconduct?

heretolearn_2

You should be paid the holiday pay accrued to 13 May, assuming you haven't used it on actual leave of course.

Gross misconduct - can dismiss instantly without notice period.

Re the gross misconduct - most of your post is totally irrelevant to this. Picking through it, it seems that your employer asked you to provide them with some info on their IT. You refused to give them the information even though the MD requested it repeatedly. It's their firm, not yours, you have no right to withhold work related information (what they were going to do with it is no business of yours). I'd say it's very clear gross misconduct and you'd have no hope at all at a tribunal.

Reading between the lines it seems you suspected that they were going to cut costs by replacing you with an outside contractor, and that the information was needed for this. They can do this if they need to. What would have happened was that they would then have made you redundant. However, by your actions - gross misconduct by refusing to give them information that belongs to the firm - now you are rather up the creek without a paddle with no redundancy payment and a gross misconduct dismissal instead of a good reference. Sorry to sound unsympathetic but you shot yourself in the foot. What did you think they would do when you refused to cooperate? Give in to you, change their minds about how to run their business and keep you on instead? You forgot it's their business, not yours.

withabix

From reading your post, I would say you would be wasting your time going for and ACAS Tribunal.

Your post confirms that you committed Gross Misconduct.