Possible Dismissal for Gross Misconduct

Fireflyaway

I would apologise and see whas happens. What else can you do. They may not sack you so might be leaving when you don't have to.
As the others say it depends what was said. Personally I don't think you can blame the alcohol 100%. Sure it makes your tongue loose but won't suddenly turn you into a racist / make you violent etc so if you did something really bad maybe you deserve it?!
I have been in places that have sacked people but they have still provided an OK reference . one time a colleague was given the choice to resign or be sacked.

xapprenticex

Let me guess, you are a manager at a company, had too much to drink, made a move on your boss and didnt care that you or he was married?


Just a guess..

DrWhoFanatic2016

Update to this-

So I had my disciplinary and was dismissed for gross misconduct because all similar cases had ended in that, the manager in question and HR had tried everything to just make it a final written warning. I'm in the process of appealing it as there are no witnesses to some of the claims and I have a totally unblemished record previously.

The basics of it was me swearing at someone and calling them a 'c##t' and also commenting on how attractive a female member of staff was. The no witnesses part that I had disputed was that I was acting aggressively and threatening.

To be 100% honest even if it does get downgraded to a final written warning I'd be intending on handing in my notice anyways, it was just a run of the mill retail security job but i had aspirations of joining the Police Force which have now been completely dashed.

So i guess where do i go from here? Going to apply to as many supermarket/retail/those kind of jobs as i can and put personal references from managers at work down, hopefully if the HR department is contacted they'll just give my role and dates of working there. Just need to figure out if im truthful about why I left the job or not when asked until I get a steady job for a few months.

Also signed on today at the job centre but I'm highly likely to get the full 13 week sanction so I'd be hoping to have a job before that anyways. Debating whether it's worth going back to university at 25 to get a degree considering i have the relevant qualifications to get into a course.

Wake_up_call

Some employers will agree to giving an agreed reference.


I would go through the appeal process and make notes of everything the company does, explaining to them that you will be comparing the process to ACAS standards and considering tribunal action. This is a bluff, but it causes companies to worry about legal action and strengthens your cause for an agreed references. Basically, it is easier for them to agree to produce a plain reference than to run the risk of having to fight you at tribunal.

Undervalued

Wake_up_call wrote: »

Some employers will agree to giving an agreed reference.


I would go through the appeal process and make notes of everything the company does, explaining to them that you will be comparing the process to ACAS standards and considering tribunal action. This is a bluff, but it causes companies to worry about legal action and strengthens your cause for an agreed references. Basically, it is easier for them to agree to produce a plain reference than to run the risk of having to fight you at tribunal.

Yes, they may do however now that there are significant fees to pay to bring a tribunal action it is harder to call their bluff.

Nowhere (unless I've missed it) has the OP said how long he has worked for this firm. If less than two years this is all academic.

The OP goes on about "no witnesses". This is not a criminal court, an employer only needs a "reasonable belief" to dismiss fairly in law.

ohreally

DrWhoFanatic2016 wrote: »

So I had my disciplinary and was dismissed for gross misconduct because all similar cases had ended in that, the manager in question and HR had tried everything to just make it a final written warning. I'm in the process of appealing it as there are no witnesses to some of the claims and I have a totally unblemished record previously.

That suggests a one size fit all approach that doesn't allow for mitigation or individual circumstance.

You stated "the manager in question and HR had tried everything to just make it a final written warning". Define everything as they clearly didn't.

Go to appeal. Who hears the appeal stage?

DrWhoFanatic2016

The appeals stage is heard by a senior manager who has not been involved with the case previously. I'm not sure if this means a regional manager or just another retail store manager. I don't know what they did specifically but I'd assume they meant looking at other similar cases and as all were the same punishment so did I to remain consistent across the company.

I worked for the company for 3 years just and honestly from what I've heard plus the fact it was actually 3 hours after the official party when the club was open to the public. Bringing this to disciplinary alone has left me with a sour taste in my mouth so either way i won't be staying with the company if the appeal is successful or not.

Thanks for all the advice and I'll just try get any job i can for now i guess, worst case scenario i move home and work for my father till September and university.

TELLIT01

Whether you want to stay or not isn't really the point. If you can get the result of the disciplinary overturned it's a stain removed from your employment record.
From your description of what happened I would say you've been a total pillock rather than deserving of the sack.

ohreally

Given the situation with lack of witnesses, what did the build their case on, hearsay?

Did they provide you with their case prior to the hearing being convened?

I would have some expectation of coming out of the appeal with a positive outcome and certainly with agreement around a reference and its content.

xapprenticex

Did commenting on how attractive a female member of staff was go against you? Seems minor to me.