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

Takeaway_Addict

would I be right in that the pub is a concession and thus the member of staff isn't actually connected to the company you work for? If so has the employer ever allowed non employees to stay on site for the reasons you have stated or has it only ever been employees?

Takeaway_Addict

lindsaygalaxy wrote: »

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.

I agree with appealing but the employer is coming from the side of theft IMO, its a theft (misuse etc) of a service that they provide, the added costs in clearing up after and so on.

It is a GM hearing IMO.

jobbingmusician

First some questions.

1. Did they make it clear that yesterday's meeting was a disciplinary? Did they invite you by letter?
2. Did they advise you of the right to be accompanied?
3. Did they make it clear what they were accusing you of, and what policy or policies this contravened?
4. Did they tell you, in the invitation to your disciplinary, that if you were found guilty, your behaviour might constitute gross misconduct?
5. Do you have a copy of the company's disciplinary policy? (If not, you should request one now, as it may give you information you need on how to appeal).

rocksavage

Hi all.

Yes all details were put in writing including the right to be accompanied. Unfortunately I am not a member of a union and I was not allowed to contact current members of staff.

In relation to the pub it is part of the entire site/company. As such the person who asked to stay is employed by the same company as me.

Points for dismissal:
Allowing others to convert to ones own use company property.
Dishonesty and theft
Deliberate and flagrant not following company policy
Breakdown of trust

I at no point have been dishonest with them or stolen anything. Also the action I took was not deliberately against company policy as there is no mention of this matter in the staff handbook.

I have info on disciplinary procedure which goes through the warnings etc first. But I assume as this is gone under GM then they can miss out whatever they like.

There is a page worth of GM offenses no where near what I did. But they cover themselves stating the list is not exhaustive. I.e. can add what we want, when we want.

Thankyou again for all advice.

jackyann

Get legal advice ASAP.
Check if you have some as part of an insurance policy.
If not, consider getting the free 30 minutes that some solicitors offer - that should be enough time to know if you have a decent case (google to find them)
If they think you have a case (and a lot of people here think you have, assuming you have been honest & complete in what you have said) then get the money somehow to fight this. Dig into savings, ask family, and actually, consider asking the colleague whose appalling behaviour got you into this mess.

Then join a union, and don't moan about the fees, as any decent union rep would have dealt with this already for you.

Good luck.

And PS: when this is over, suggest that the company does get a policy about this and makes it clear to all employees.
Personally, I have worked in situations where I have stayed overnight rather than trying to get home in risky situations. It was a dreadful abuse to make a mess of this accommodation and puts other employees at risk now.

Takeaway_Addict

rocksavage wrote: »

Hi all.

Yes all details were put in writing including the right to be accompanied. Unfortunately I am not a member of a union and I was not allowed to contact current members of staff.

In relation to the pub it is part of the entire site/company. As such the person who asked to stay is employed by the same company as me.

Points for dismissal:
Allowing others to convert to ones own use company property.
Dishonesty and theft
Deliberate and flagrant not following company policy
Breakdown of trust

I at no point have been dishonest with them or stolen anything. Also the action I took was not deliberately against company policy as there is no mention of this matter in the staff handbook.

I have info on disciplinary procedure which goes through the warnings etc first. But I assume as this is gone under GM then they can miss out whatever they like.

There is a page worth of GM offenses no where near what I did. But they cover themselves stating the list is not exhaustive. I.e. can add what we want, when we want.

Thankyou again for all advice.

Their point is that they shouldn't have tell you not to allow people to use the facilities at no cost to them and ultimately costing the company more money. If you were the employee in the pub would you give away free drinks? No of course not.

It is theft of a service effectively.

When others have stayed in the past who has made that decision and why did you think you had the authority to do so?

Takeaway_Addict

jackyann wrote: »

Get legal advice ASAP.
Check if you have some as part of an insurance policy.
If not, consider getting the free 30 minutes that some solicitors offer - that should be enough time to know if you have a decent case (google to find them)
If they think you have a case (and a lot of people here think you have, assuming you have been honest & complete in what you have said) then get the money somehow to fight this. Dig into savings, ask family, and actually, consider asking the colleague whose appalling behaviour got you into this mess.

Then join a union, and don't moan about the fees, as any decent union rep would have dealt with this already for you.

Good luck.

And PS: when this is over, suggest that the company does get a policy about this and makes it clear to all employees.
Personally, I have worked in situations where I have stayed overnight rather than trying to get home in risky situations. It was a dreadful abuse to make a mess of this accommodation and puts other employees at risk now.

You cannot say this with certainty, whilst they probably would have helped the OP could and IMO be in the same position they are now

pinkshoes

When the employee said he had no way of getting home, was this correct? Would a taxi have been possible?

If he genuinely couldn't get home, what is the official policy for stranded members of staff?

I think I would appeal. The guy who had the party needs sacking!

ableandy

Rocksavage, if you wish PM me and I will advise privately with you.

For reference:

Allowing others to convert to ones own use company property.

They have a valid point but if you can identify someone else who has been allowed to do this then you may have a case.

Dishonesty and theft

You have not committed a theft (for those who think you have - look up the definition) - were you dishonest? Not from what you have said, dishonesty would require you to lie to them about the incident, from what you have said you owned up as soon as questioned and told them everything they needed to know. Do you fill in a log book at night of things that have happened - did you put this in the log book?

Deliberate and flagrant not following company policy - you will need them to provide a copy of the policy that you have breached. You should have been sent this as part of your disciplinary invite. Without this they are in breach of employment law.

Breakdown of trust - this is linked to all the above, difficult to prove either way but would not on its own be a Gross Misconduct.


Further - by denying you the opportunity to speak to other employees you may have been denied the right to be accompanied, this again would be a breach of Employment Law. Who are you allowed to be accompanied by?

Anyway, happy to help you put together an Appeal.

Big_Tree

Legal advice now.....the decision stinks tbh