Been told to resign or get sacked for gross misconduct

getmeouttahere

Thanks for all the replies guys.

To answer you all..

@emmsie123 - Thanks for that link.

@sangie595 & @ohreally - I don't want to go into too much detail in case it needs to go further, but essentially there was an incident 7 months ago which resulted in the company having to pay out in fines. The incident wasn't directly my fault but my boss is saying it was down to my negligence. My argument is, it cannot be gross misconduct if they continued to employ me for 7 months. Their argument MIGHT be that the investigation has only just concluded (however, the investigation was by external organisations ensuring that the 'incident' would not happen again, rather than any investigation into my conduct).

@Darksparkle & @RuthnJasper - Yes, I am in the early stages of starting my own business, but I am in the sort of profession where this is acceptable and dare I say 'the norm'. Additionally, the company I work for aren't aware of my own company and I never do anything to do with my own business during the companies time.

@pmlindyloo & @vlad - I have had some advice from a HR manager at another company who has spoken to ACAS on my behalf. They have suggested a grievance but I'm concerned this will make things even more uncomfortable at work.

@HappyMJ - Thanks, I might try and speak to DWP before making a decision so I at least know what to expect. My family have offered to help with topping up mortgage payments if I get the assistance from DWP to pay the interest.

marliepanda

Mortgage interest support doesn't kick in, if you qualify, for 13 weeks

getmeouttahere

Thanks marliepanda, I did not know that.

tomtontom

@sangie595 & @ohreally - I don't want to go into too much detail in case it needs to go further, but essentially there was an incident 7 months ago which resulted in the company having to pay out in fines. The incident wasn't directly my fault but my boss is saying it was down to my negligence. My argument is, it cannot be gross misconduct if they continued to employ me for 7 months. Their argument MIGHT be that the investigation has only just concluded (however, the investigation was by external organisations ensuring that the 'incident' would not happen again, rather than any investigation into my conduct).

If the employer had disciplined you before the outcome of the main investigation, then you'd be arguing they did not fully investigate before doing so.

What you have described would be within the reasonable range of responses in the given situation. Any award for failing to follow disciplinary procedure would be greatly diminished by the fact that the reason for dismissal is valid.

getmeouttahere

tomtontom wrote: »

If the employer had disciplined you before the outcome of the main investigation, then you'd be arguing they did not fully investigate before doing so.

What you have described would be within the reasonable range of responses in the given situation. Any award for failing to follow disciplinary procedure would be greatly diminished by the fact that the reason for dismissal is valid.

You're misunderstanding what I meant.

The investigation that has taken place has not been into what I did or did not do, or anything to do with that, it has been an investigation that was forced on the company by a service provider and was for the purpose of satisfying the service provider that a similar incident would not happen again. Additionally, it was myself that dealt with the service provider and the investigators to enable the investigation to be carried out...it's kinda hard to explain properly without giving too much away.

pmlindyloo

I am not sure that ACAS are the best people to give you advice about this situation. They are often 'reading from a script'.

Having said that their suggestion about raising a grievance does make some sense at this particular stage

The truth of the matter is that you have not been dismissed or resigned.

Personally I wouldn't resign particularly since you continued to be employed for so long after the investigation of the 'incident'.

Obviously this is complicated because the lack of disciplinary proceedings against you may be related to the length of time it took for the investigation of the incident and only now do they consider that you may have been 'guilty' of gross misconduct.

Options

1. Resign and be sanctioned as regards JSa but ask CAB for a benefits check - you may be eligible for tax credits//council tax support depending on savings/earnings of your partner.

2. Refuse to resign and let the company start disciplinary proceedings and fight these if necessary with the support of CAB/employment solicitor (do you have legal cover with your home insurance?)

Then if you are dismissed for gross misconduct and appeal then you can make an application for JSA (contribution based) on the grounds that you are appealing the dismissal/going to employment tribunal for unfair dismissal.

To make it clear only JSA is dependent on this resigning/being dismissed for gross misconduct as regards sanctions and you may have good reason for both scenarios.

All other benefits - tax credits,CT reduction - resignation or dismissal for gross misconduct would not be affected.

You could try putting your details into the benefit calculator on https://www.entitledto.co.uk for a rough idea of your entitlements (just go along with the being awarded JSA).

And of course, once baby is born you would be entitled to Child Benefit and possibly child tax credits.

Income based JSA (based on your partner's earnings too) is the benefit that would give you the support for mortgage interest.

patman99

Stick in a grievance and once you reach the end of Feb. go on maternity leave. I believe that they will have to investigate your grievence fully and properly.

Do you have a copy of the company handbook or contract of employment to hand?. If so, check it for any references to their disciplinary procedures.

Have they followed their own procedures fully and properly?. If not, the this will form part of your grievence. If they follow their procedures fully this could tie up their HR for a few weeks at least.

mumps

Have you been allowed to work since the gross misconduct allegation was made? It is normally good practice to suspend someone to allow an investigation for gross misconduct, I have never heard of anyone actively being involved in a gross misconduct investigation as you have described. In your position I would seek legal advice.

Does it say anything in your contract, staff handbook or your company's disciplinary procedure about how they handle gross misconduct?

elsien

HappyMJ wrote: »

If you're sacked or forced to resign due to gross misconduct then you're hardly likely to put that job on your CV. I'd leave it off.

.

Depends on how long they've been there - if it's over 2 years that's a very large hole to explain away on a CV.

FBaby

My argument is, it cannot be gross misconduct if they continued to employ me for 7 months.

your argument won't stand. You can sack someone not on the basis that they are at risk for the company in the future, but purely on the basis of what has happened. You also don't have to be the main perpetrator, but if you fail to follow rules/internal policies, and that contributed towards the incident, then again, this is enough to be considered gross-misconduct.

They are not giving you an ultimatum, they are giving you a choice. From their perspective, it makes no difference. What is not clear in your post though is whether you have indeed gone through the correct disciplinary process. Indeed, an external investigation is not a disciplinary one. The fact that your boss told you in advance of any outcome of a disciplinary that you were about to lose your job is certainly fishy.

If you want to fight it, you need to do so from a process perspective, not a moral grounds one.