Possible Dismissal for Gross Misconduct

sew109

My last company used to say off the record of course "we are not going to ply you with alcohol and then reprimand for acting like a drunk" I know of course there is a limit to how far this can go.

Our Christmas parties were fantastic 1500 people all having a good time a few people doing silly things and acting drunk but the Symantecs of the office protected everyone and I do t think anyone who went to these parties did not enjoy them. No one worried about what they would do yes we had a few comments made and even a couple of fisticuffs but so what no one was bullied and it was all forgetton the next day I think people need to stop being so precious.

MCGONIS

Smodlet wrote: »

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Just so you know, unless you happen to be both God's gift to women (doubtful) and a gentleman (which you clearly are not)

I am utterly shocked at that......................

motorguy

Smodlet wrote: »

When did it become legal for an employer to dismiss someone for no reason at all if they had less than two years' service?

Quite some time ago. And its a good thing. It means employers arent stuck with complete dolts who they've no real hope of getting rid of due to "employment laws" and protection.

Smodlet wrote: »

The world (or this country, at any rate) has gone mad, imho. It must be over-population; employees seem to be valued less than bin liners these days, and to be more disposable. I despair.

I work as an IT Contractor (thus probably the ultimate disposable employee) yet i dont feel "disposable". I add value to an organisation when i am there and when i am no longer required, i move on.

Even when a permie, i'd no issue with that. Why should people have "a job for life" in an organisation when they're not adding value?

motorguy

The underlying problem here is that it was a work organised even and done under the company name.

Thus all employees have the right to dignity at work. Why should someone be subject to remarks and behaviours at a company event that during office hours would be considered sexual harassment and / or offensive, with the only defence being "oh i had too much to drink so its ok".

Not having a go at the O/P or anyone, but thats how it is now - companies dont do this because they're psychopathic nazis. They do it because employment law and employees rights forces them to. They have to be seen to be protecting the rights of the many.

steampowered

Smodlet wrote: »

Things were always hard but they seem next to impossible, now. When did it become legal for an employer to dismiss someone for no reason at all if they had less than two years' service?

This has always been the case.

The traditional common law position was that employment contracts are deemed to be "at will", meaning that both sides can terminate the contract at any time. There wouldn't even be a notice period unless the employer and employee had agreed that in their contract.

I'm not 100% of the history, but I think that changed when parliament passed the Employment Rights Act 1996, which introduced minimum notice periods and the concept of 'unfair dismissal'. You used to only need 1 year's service; but that was increased to 2 years during David Cameron's parliament.

googler

Smodlet wrote: »

Skullboy, I know it is none of my business, so please feel free to tell me to mind my own but, unless this was at work, how is it any of their business? I can only assume it was on their time...

Things were always hard but they seem next to impossible, now. When did it become legal for an employer to dismiss someone for no reason at all if they had less than two years' service? The world (or this country, at any rate) has gone mad, imho. It must be over-population; employees seem to be valued less than bin liners these days, and to be more disposable. I despair.

Additionally, 'gross misconduct' seems to be, judging by this section of MSE, a catch-all for anything and everything, a fall-back for the personnel dept to use, where they don't have to provide any REAL definition of what the employee has 'done wrong' ....

motorguy

googler wrote: »

Additionally, 'gross misconduct' seems to be, judging by this section of MSE, a catch-all for anything and everything, a fall-back for the personnel dept to use, where they don't have to provide any REAL definition of what the employee has 'done wrong' ....

I would have thought any company worth its salt would have an employee handbook detailing what gross misconduct constitutes?

They cant just pull anything out of the air as "gross misconduct"?

Undervalued

motorguy wrote: »

I would have thought any company worth its salt would have an employee handbook detailing what gross misconduct constitutes?

They cant just pull anything out of the air as "gross misconduct"?

Most commonly they would give some examples and say "including but not limited to".

They don't need to spell out every possibility! The law's favourite "reasonable person on the Clapham omnibus" springs to mind!

custardy

motorguy wrote: »

I would have thought any company worth its salt would have an employee handbook detailing what gross misconduct constitutes?

They cant just pull anything out of the air as "gross misconduct"?

but then you would be limiting the companies options if the list was explicit.

System

Smodlet wrote: »

Someone earlier said, "work and drink don't mix"... All I can say is, they used to, before (anti)social media came along; that and work certainly do not mix, imo.

Why do people want to "socialise" on the internet with people they work with, anyway unless they are actually real friends? What happened to leaving work at work? Yeah, I still miss the stegosaurus wandering majestically, etc.

When i started work i blocked everyone i worked with. 3 years in my supervisior decided to make some facebook group to post updates, harassed me to accept him as a friend just so i could see this group. I caved and added him. Then everyone added me and i felt i had to accept cos i couldnt have one person and not everyone else.

Then, they all screwed me over regarding the work do, and i realised none of them are friends and i dont have to have them on there, so everyone is now blocked again. I want to keep work and home life as separate as possible.