Urgent help needed re gross misconduct

tubie22

Hello, im writing on behalf of my boyfriend, who has been placed on suspension feom his call centre (mobile phones) job due to apparent gross misconduct. His 'crime' was that he offered a large discount on an upgrade that he was meant to have gotten permission from a manager to give, which he didn't.

me, this isnt really gross misconduct as he gives discounts as part of his job every day, the issue was that the discount he gave required permission which he didn't get. He explained he wanted to make the sale and didn't want to keep the customer on hold for too long. I understand that he shouldn't have done what he did, but surely it shouldn't be classed as gross misconduct? I always thought gross misconduct was fighting, racial/sexual harassment, hanging up calls, swearing at customers, under the influence of drugs or alcohol etc.

He has his disciplinary meeting on Wednesday and hes really worried he will be sacked. We have just moved out and got our own place so this would be the worst possible time for him to be sacked.

What do you think his chances are? He plans to explain ho2 much of an idiot he was for going against company procedures regarding discounts. He is basically going to beg to keep his job, because he really needs to: even with us both working, we still just manage to get by.

We are both getting really worried and stressed.
Could he say he had money worries on his mind and wasn't thinking straight, should he just resign before the disciplinary or should he go to it and try to explain the situation in full and explain how much he needs the job and that hes willing to have his calls listened to from now on, have extra training etc.

Please, any help or advice is greatly needed.

Dogger69

How long has he worked there?

How large was the discount, in comparison with what he is authorised to offer? How valuable was the customer - a large business, a consumer?

Willfully losing the employer revenue could be gross misconduct. It really depends on the context of the situation.

tubie22

He has been there for almost 5 months. The discount was a 50%, which the customer had previously received on their previous contract. It was a loyal customer of 9 years. The issue was anything over 35% has to be authorised and he didnt get permission because he wanted the sale.

are both sick with stresa and worry now.

Dogger69

tubie22 wrote: »

He has been there for almost 5 months. The discount was a 50%, which the customer had previously received on their previous contract. It was a loyal customer of 9 years. The issue was anything over 35% has to be authorised and he didnt get permission because he wanted the sale.

are both sick with stresa and worry now.

As he has been there for such a short time they can dismiss him for no reason at all, unless it is discriminatory.

I would go with being very apologetic, explaining he understands he went beyond his remit and it will never happen again. Perhaps offer to go back to training?

Takeaway_Addict

tubie22 wrote: »

He has been there for almost 5 months. The discount was a 50%, which the customer had previously received on their previous contract. It was a loyal customer of 9 years. The issue was anything over 35% has to be authorised and he didnt get permission because he wanted the sale.

are both sick with stresa and worry now.

with so little time employed he can be dismissed for practically anything with no comeback as he hasn't got past the 2 year barrier of protection, the only exceptions are discrimination in the eyes of the law which means such as race, sex, gender etc or for standing up for statutory rights.....of which u've not mentioned neither so I will assume neither apply.

Your OH needs to be apologetic and remorseful and hope they show leniancy

tubie22

That's what we thought. He knows he has been an idiot and it was a sparse lack of judgment that he had never done before and knew straight after he shouldn't have done. He didnt try to cover it up in his meeting, he explained why he did it. I suppose the disciplinary is his chance to let the employer know that he knows he has been really stupid and that it will never happen again because he can't afford to risk his job.

Dogger69

tubie22 wrote: »

That's what we thought. He knows he has been an idiot and it was a sparse lack of judgment that he had never done before and knew straight after he shouldn't have done. He didnt try to cover it up in his meeting, he explained why he did it. I suppose the disciplinary is his chance to let the employer know that he knows he has been really stupid and that it will never happen again because he can't afford to risk his job.

Did he notify his manager what he had done, or did they approach him first?

tubie22

Dogger69 wrote: »

Did he notify his manager what he had done, or did they approach him first?

They approached him. The only reason they knew what he had done was because they were picking random calls to lisyen to and his was unfortunately one that got picked. He says everyone in the centre makes the same kind of discounts but he was jusy unlucky to have his call listened to. Even his manager said it was just unlucky.

So they pulled him out because they were listening in, but as soon as he was asked about it, he was honest and open about it. Apart from this one error, he has been doing really well in the job, even the manager commented thay he was doing well.

Dogger69

tubie22 wrote: »

They approached him. The only reason they knew what he had done was because they were picking random calls to lisyen to and his was unfortunately one that got picked. He says everyone in the centre makes the same kind of discounts but he was jusy unlucky to have his call listened to. Even his manager said it was just unlucky.

So they pulled him out because they were listening in, but as soon as he was asked about it, he was honest and open about it. Apart from this one error, he has been doing really well in the job, even the manager commented thay he was doing well.

Admitting to a mistake solely because he got caught is not going to go in his favour. He should not use this as part of his defence/ mitigation.

tubie22

Dogger69 wrote: »

Admitting to a mistake solely because he got caught is not going to go in his favour. He should not use this as part of his defence/ mitigation.

I dont think he plans to, just making the point that he didn't try to cover it up or wasnt dishonest.

Dogger69

tubie22 wrote: »

I dont think he plans to, just making the point that he didn't try to cover it up or wasnt dishonest.

But he was dishonest and he did try to cover it up - if not he would have gone to his manager as soon as he realised he should not have done it.

He needs to offer nothing but apologies. They will already be aware that he only admitted his actions because he was found out.