Dismissed for 'gross misconduct'

Takeaway_Addict

Dm0203 wrote: »

Phil 68 - Your words are most useful! I suppose I didn't look at it like that. I'm still going to go ahead with the appeal as I have nothing to lose I suppose.
Bantex - We were friends prior to me being her manager.

Bantex has a point, you need to start distancing yourself a bit. Its very hard to be a boss and a friend.

Phil_68

If you are going to do the appeal, then you need to bring new evidence or show that a procedure was unfair or not followed. Repeating the same is not going to win, or change minds.

Have a look at your company handbook and read it - twice!

Did they follow the correct procedure?
Did they look at the case in an unbiased way?
Were you given access to all evidence?
Were you informed of the meeting and it's reason beforehand?
Were you given the right to be accompanied?

There are lots of things that get missed or overlooked, but the reality is you have little comeback due to your length of service so I feel the outcome will not alter.

The best you can look for is a favourable reference that wont punish you in finding further work.

Phil.

Dm0203

Yeh I am aware that there is a fine line between managers and employees however it is a bit different in the pub industry as we all regularly enjoy a few drinks after work and is good for team building - however I will be using this as a learning curve for the future!
I'm not going to go into detail but the fact that there was underlying problems happening in my life which resulted in my actions they failed to ask me about - would that be a line of defence in addition to the positives I brought to the business?

Dm0203

Phil_68 wrote: »

If you are going to do the appeal, then you need to bring new evidence or show that a procedure was unfair or not followed. Repeating the same is not going to win, or change minds.

Have a look at your company handbook and read it - twice!

Did they follow the correct procedure?
Did they look at the case in an unbiased way?
Were you given access to all evidence?
Were you informed of the meeting and it's reason beforehand?
Were you given the right to be accompanied?

There are lots of things that get missed or overlooked, but the reality is you have little comeback due to your length of service so I feel the outcome will not alter.

The best you can look for is a favourable reference that wont punish you in finding further work.

Phil.

I have reason to believe the case was looked at in an unbiased way. I wasn't informed of the initial meeting. I was just called into the office and sat down and told an investigation was under way which is why I believe I overlooked my answers to the questions - including the one which asked if i was sober. I believe that the question was were you fit for duties, by me answering no I meant no due to me being hungover/tired - not drunk - which isn't gross misconduct

Phil_68

That's how all investigations start.

They do not need to tell you that they are looking into a problem. They call you in to get your side of the story. If it needs to be escalated into in disciplinary meeting then you need to be informed prior to the meeting.

If you are using 'they advertised my job' or 'they had it in for me anyway' as your unbiased slant, that is your opinion - not a fact. Unless you can back up with facts it's a lost cause.

Phil.

Bantex_2

The reasons are sort of beside the point if you have only been there 6 months. They do not need to give a reason to sack you.

Dm0203

Bantex wrote: »

The reasons are sort of beside the point if you have only been there 6 months. They do not need to give a reason to sack you.

It was 8 months and they do need to give me a reason. I wasn't on probation therefore they have to follow the correct disciplinary procedure and can't just sack me - which they did so that isn't an issue anyway.

And Phil that's fair enough. I'm pretty !!!!!!ed here aren't I? Lol

Phil_68

To be honest, then yes you're doomed.

They do not have to give a reason for sacking you but they already have by saying you declared yourself unfit for work by being drunk.

The best advice I can give is to be humble, show your remorse and accept you made an error of judgement. Ask if they can give a neutral reference or better still a positive one.

You have nothing to lose this way and much to gain.

Phil.

Dm0203

Phil_68 wrote: »

To be honest, then yes you're doomed.

They do not have to give a reason for sacking you but they already have by saying you declared yourself unfit for work by being drunk.

The best advice I can give is to be humble, show your remorse and accept you made an error of judgement. Ask if they can give a neutral reference or better still a positive one.

You have nothing to lose this way and much to gain.

Phil.

Sorry as for the unbiased remark, the manager that conducted the investigation is closer with the member of staff than what I am, and believe that due to the allegation of assault was out for my head. That is why I am certain the question "were you sober" was in fact "were you fit for duties" - my answer being no - through my hangover. However there is no way to prove this so probably best not to go down that line of defence.

So to sum up my best line of defence - Show plenty of remorse and recognition of a bad error of judgement on my part in addition to positives I brought to the company.

As I mentioned before, there has been underlying factors in my life which, by no means condone my actions, however contributed to my bad error of judgement - me and my girlfriend had just broken up and I'd lost my home due to the break up. I wasn't in the best state of mind - would it be worth mentioning this?

Phil_68

Mention what you like to get the result you want

If you honestly think they are going to sack you then get what ever you can to help you go forward. If that means kissing butt then pucker up.

It's your future and you need to decide how it turns out, leave it to others and you have no cause to moan.

Phil.