Just been fired for gross misconduct

molio67

Hi there im new here.

Was looking for some advice. Ive just been let go for something that comes under gross misconduct even though there was no malice or badness in what i did. It does however when you look at it from their point of view come under gross misconduct. I worked in sales and was due £500 commission this month on top of my wage. Ive been told though that i am only getting paid up until today and not until the end of the month, also that i wont recieve my commission owed or any notice period.

Surely i must be entitled to the commission owed to me as its for sales made in November?

Can anyone help?

molio67

Im also due 3 days holidays that i had due to take off next week. Would i be eligible to be paid for this?

agrinnall

The commission will depend on whether it's contractual or not, and if it is, what conditions are specified for when a payment has to be made. Check your contract.

You should be paid for any holidays that you have accrued and not taken since the start of the holiday year, which may or may not include the 3 days you were due to take.

Comms69

What were you sacked for?
How long have you worked there?
What is your annual leave year (Jan-Dec, Apr-Mar), how many days A/L do you get and how many have you used?
Commission payment will depend on contract.

molio67

I worked there since January 2017. I was sacked for emailing myself company data that we work through. I just checked my contract. It doesnt seem that they have to pay me my commission. I think i may be owed my 3 days holiday pay though

Comms69

molio67 wrote: »

I worked there since January 2017. I was sacked for emailing myself company data that we work through. I just checked my contract. It doesnt seem that they have to pay me my commission. I think i may be owed my 3 days holiday pay though

It depends. You earn by law the minimum of 28 days per year (this can include bank holidays) it seems like (depending on policy etc.) you have between 25-27 days to take this year.


BTW I would definitely think that's gross misconduct, why did you do it? I would perhaps not rock the boat too much and hope for a half decent reference.

iammumtoone

Comms69 wrote: »

I
BTW I would definitely think that's gross misconduct, why did you do it?

Because they wanted to do some work at home?

I agree it is gross misconduct but might have been done with the best intentions to help get the job done.

I email myself stuff to do at home but luckily I can access my work email from home so i just have to email my work address the data.

Comms69

iammumtoone wrote: »

Because they wanted to do some work at home?

I agree it is gross misconduct but might have been done with the best intentions to help get the job done.

I email myself stuff to do at home but luckily I can access my work email from home so i just have to email my work address the data.

Indeed, but emailing to personal servers is a terrible idea.


It can be seen as trying to steal company data, or in cases on personal data a massive breach. Imagine a doctor looking at patients files on his home laptop.


I guess my question wasn't why did you do that, ie send the data? But why did you do that, ie breach the policy.

molio67

I know its gross misconduct. It was all very innocent though. I had a good idea that i was being moved in the areas in which i work. IE i normally cover Scotland. All of my hot data that was due to be called in Jan i had set to be called on the 18th Jan (my birthday). As i didnt want to lose this as i had worked so hard throughout the year for it (i wouldnt have lost it anyways it would still be mine for 6 months if i was moved area) i thought id email myself it so i still had it.

School boy error and i made a mistake. A mistake that has now cost me my job and coming up to Christmas with a young family and mortgage now only going to have a weeks wage

steampowered

The employer would certainly be entitled to sack you for misconduct. They can do this at any times during the first two years ... but with payment for your notice period.

But unless there is anything you aren't telling us it doesn't sound like "gross" misconduct. Gross misconduct has a very strict, particular legal meaning - the Employment Tribunal decisions on this say that it means you have to do something wrong intentionally.

It sounds to me like it would be perfectly reasonable to ask the employer to pay you for your notice period and holiday.

Probably no chance of getting commission though.

iammumtoone

I agree it is harsh but the OP probably signed something to say that they will not distribute company data outside the company.