Advice after sacking for Gross Misconduct

mum2one

just a thought...

on the thurs - told no work as remote - leave / freelance for them

So technically you were in your notice period, but does it say anything in your contract about submitting / offering / etc your work to others.

They may be a crux - that you could argue to have it as mutual event?

Topcat1982

How did they know it was you that had taken the snow pictures?

Gingernutty

Topcat1982 wrote: »

How did they know it was you that had taken the snow pictures?

The newspaper has to attribute the pictures due to copyright laws.

What I don't understand is why, if the agency wanted the OP to become a freelancer, did they get all snitty about doing freelance work?

Either the OP is a freelancer who is free to work for whoever, or they are exclusively employed by the agency.

I appreciate that, at the time, the OP was still an employee, but just what did the agency expect?

makeyourdaddyproud

No statutory rights so you have to move on.

Employers are much more likely to isolate and act on any workplace mistakes than to identify and promote beneficial individual characteristics.

xapprenticex

daytona0 wrote: »

Completely off topic but I love it when people say things like "you was". It reminds me of Alan Pardew in football! Never quite figured out if it was grammatically correct, or if it should be 'you were' instead I'm not insulting you, just making an irrelevant comment

Not insulted in the slightest. Regards

takman wrote: »

Lol what a great interpretation of the OP's post!.

The OP worked for a company as a photographer and supplied them photos of what they required (I presume). While he was still employed by them he went out and took some photos of snow and sold them to another newspaper. This is basically supplying photos to the competition so that's why the director felt insulted by his actions.

Ahaaaa, I see. Thanks sir. :money:

daytona0

redpete wrote: »

It should always be "you were", no need to be embarrassed about reading something an thinkig "that seems wrong".

However one should be embarrassed if one completely misinterprets some one else's post and makes a horrible grammatical error in pointing it out

Glad that someone has their thinkig hat on today :T

but in honesty, I'm not sure whether you were criticizing me or just making a point. Either way I don't mind!

theone999

daz103 wrote: »

I wasn't given much option about resigning as I wasn't even aware that I was having a disciplinary. They sacked me on the spot and I didn't have any option for an appeal.

If I knew I was having a disciplinary I would have prepared a resignation letter.

you're a photographer, you have the luxury of becoming a free agent and telling your previous employer to go !!!! themselves no?

that's one of the joys of a creative job where you sell your product as opposed to cleaning toilets.

Mersey_2

Whilst it isn't true that you have no statutory rights - others probably mean you do not have full Tribunal employment rights - the main course of action open to you would be breach of contract, as the purported dismissal was irregular. [Certainly you also have to be given notice of any allegations in order for you to give a considered response. A D simply saying he thinks you did this in the past isn't reasonable]


However, there is no need to sue (at this stage). As you have not received notice in writing, you could simply accept their initial offer in writing.


Certainly stating that someone was dismissed when they were not is actionable. The main loss arising would be if the Directors stated this to any prospective employers who requested a reference in the future.


It's worth sending a politely-worded email/letter to the Directors, stating that you have taken advice and you would be grateful if they would confirm that they have noted/amended your employment file accordingly.


You haven't stated if you were working as a full-time employee (as opposed to commission-based/% share etc); but, yes you are owed PILON, plus any untaken accrued holidays as pay. Otherwise it could appear that the purported dismissal was a way of avoiding them having to pay you this final month's salary.


Clearly, if they do not pay you next week, you could send a Letter of Claim, listing the sums owed. It's sad and used to be rare that an employee had to sue their ex employee for unpaid wages, but it's becoming increasingly common. I think a lot must bank on people not bothering or thinking it's costly when it's the cheapest form of justice still available (thankfully).