gross misconduct always dismissable?

trable

Hi I work in a supermarket and was called into meeting room near the end of my shift for a meeting with my manager. When i got into the room there was a notetaker also present and i was offered the chance to have a rep which I declined. I was asked what went on in the locker room at lunch time and I replied I had lost my temper after an earlier conversation with my manager and had banged my locker door shut the kicked the locker below mine. She then showed me a photo on her mobile phone showing a damaged locker door. She told me it was not able to be unlocked and would have to be repaired, I said well obviously I would cover the cost. She replied they were treating it as gross misconduct and i would be getting a letter inviting me to a disciplinary meeting on monday, I already have a disciplinary on monday for sickness absence my current level is written warning. What do we think my chances are. The words criminal damage were mentioned. There was another person present in the locker room who witnessed the incident.

Torry_Quine

It's not looking good to be honest but gross misconduct doesn't have to mean dismissal. Have you been suspended as still allowing you to work may sugest that dismissal may not happen?

What does your staff handbook say about the disciplinary process as that will help you?

Are you in a union as they would be helpful.

trable

I have not been suspended my manager told me i would get official notification of the time of the meeting during my shift tomorrow which still will be on a till. I am not in union as the rep was sacked for theft!! and unfortunately cannot locate my handbook.

Torry_Quine

trable wrote: »

I have not been suspended my manager told me i would get official notification of the time of the meeting during my shift tomorrow which still will be on a till. I am not in union as the rep was sacked for theft!! and unfortunately cannot locate my handbook.

Not being suspended could work in your favour then as they are saying by letting you work that that isn't a problem.

Even though the rep was sacked that doesn't in itself mean you aren't in a union as there doesn't have to be a rep. Were you in the union and stopped?

You must have paperwork though for the disciplinary on Monday though which will help you know what will happen.

andygb

You should have definitely accepted the offer of having someone accompany you to the meeting, because that could possibly have stalled it for a while.
However, that is done and you cannot turn the clock back.
On a more positive note, they would not be able to charge you with criminal damage - very unlikely, as you would be able to prove that it was a spur of the moment, emotional reaction.
However, without any further information, it is difficult to say anything else.

AP007

andygb wrote: »

You should have definitely accepted the offer of having someone accompany you to the meeting, because that could possibly have stalled it for a while.
However, that is done and you cannot turn the clock back.
On a more positive note, they would not be able to charge you with criminal damage - very unlikely, as you would be able to prove that it was a spur of the moment, emotional reaction.
However, without any further information, it is difficult to say anything else.

Yeah don't they have to give you notice as in 24 hours?

trable

never got round to joining the union before the rep got sacked very low number of members in our place. They phone their lawyers before they even call an investigatory meeting to keep them on the legal side

dandelionclock30

I think they will dismiss you for this, everywhere I have worked would have done as it shows you cant control yourself.
All you can do is apologise, say it wont happen again, highlight the rest of your good service etc. I'd prepare for the worst.

Tiddlywinks

andygb wrote: »

On a more positive note, they would not be able to charge you with criminal damage - very unlikely, as you would be able to prove that it was a spur of the moment, emotional reaction.

Criminal damage is a potential offence... 'I did it in the heat of the moment' is just 'mitigating circumstances' for use in explaining the background to the criminal act.

Anyway, it's unlikely the employer will call in the police as that would be bad publicity. HOWEVER, a lot of companies use the fact that an incident falls into the 'Unlawful' category to define it absolutely as gross misconduct.

Too late to join the union now as they won't provide support given that the issues are already ongoing.

This sort of violent outburst is NOT normal or acceptable in a work environment. OP - you need to see your GP and get help for this.

Takeaway_Addict

AP007 wrote: »

Yeah don't they have to give you notice as in 24 hours?

It wasn't a disciplinary so no

Dovah_diva

dandelionclock30 wrote: »

All you can do is apologise, say it wont happen again, highlight the rest of your good service etc. I'd prepare for the worst.

Good service apart from the excessive sickness absence?

I think the OP is looking at dismissal here.