I've been dismissed for gross misconduct. i feel this is too strong. can anyone help

rocksavage

Hi all.

This afternoon I received a letter stating I have been dismissed for gross misconduct. I have been suspended for 2weeks on full pay now while they conducted investigations.

The incident

I work as a night warden at a holiday park. A couple of weeks ago I received a phonecall from a member of staff working in the pub onsite explaining that he was working late, was in again in the morning and had no way of getting home.
I took pity and allowed him to stay in one of our accommodation. This has previously been done on the site and I deemed it. as custom and practice. It was on the next night when I was called into the office I find out that the member of staff had invited some of hid friends to the accommodation. They didn't tidy up well. This was the first I had heard of the incident and set about being honest and detailling what happened. 2 interviews later and I'm now dismissed for gross misconduct. i am a lone worker and the only member of staff on site of a night. There is no mention of policy in relation to staff use oaccommodation and I have always believed it to be ok in exceptional circumstances. I.e. can't get home. Bad weather etc.

I am scared. I have worked for this company for 9 years and had no previous warnings let alone disciplinary. This is my only fulltime employment since leaving university and I had recently been awarded a new position in our guest services team due to start next week.

The term they use gross misconduct is going to effect me for years to come I fear as I believe I can't even sign onto JSA.

Does the punishment fit the crime?

Thankyou in advance

DCFC79

[STRIKE]Have you been dismissed as you also mention being suspended for 2weeks on full pay now while they conducted investigations. Could be wrong but thought it was the other way round eg suspension then dismissal.[/STRIKE]

Also from what you say you haven't had warnings nor disciplinary so not sure if they have done that right.

kelpie35

Has the person you tried to help out been sacked?

I don't think you have done anything wrong if it has happened in the past.

I think you need to to explain, very clearly, how and why you tried to help your colleague out and that you were not aware of any mess that had been left.

I wish you well in the future.

ohreally

Has a disciplinary hearing been convened or have they dismissed of the back of investigation statements?

You need to appeal the decision, keeping an eye on timescales.

tomtontom

Can you clarify the circumstances in which it has happened previously - what was the reason and who authorised it?

rocksavage

Im not sure of the outcome for the other person atm. Yes sorry suspension was first. As in I have currently been suspended but as of today I am dismissed for gross misconduct.

I have had no warnings for this or any other incident. Completky clean 9year employment.
Disciplinary hearing was yesterday and today I recieved hand delivered letter of dismissal.

I will be appealing this even if only to remove gross misconduct.

previous use include, staff being unable to get home, bad weather affecting travel, split shifts. I am unsure of where authority came from. I thought I was doing best for the employee and company. I had no idea this was allowed, let alone it classing as gross misconduct.

agrinnall

It depends exactly what reasons have been given for it being deemed GM, but I suspect that rather than allowing a staff member to stay overnight it was actually not preventing other people from using that accommodation. If you appeal and are successful I'd suggest that if you ever let anyone stay again you make very sure that they are the only person using that accommodation.

ohreally

My understanding is the member of staff was an employee of the pub, is this correct?

lindsaygalaxy

As a purely personal opinion I think it is very unfair and you were put in a very difficult moral position. Had that person walked home or hitch-hiked and been hurt you would have felt awful.

Please appeal, I cannot see why a warning would have not been enough.

Jobseeeker

Do they understand that you believed he had no way of getting home and didn't know about the party?

Poppy9

Did you have representation at the disciplinary hearing?