Gross misconduct case

motorguy

As per everyone else, loads of fluff and smoke to distract from the real issue - you didnt tell your employer about your other job.

I think you've made matters worse, and as per what others have said your only hope is / was to prove there was no conflict of interest, and even that only amounts to a slim chance.

Doing the math here - you said you fell pregnant almost immediately in the new job, assuming 9 months pregnancy and you mention 12 months maternity suggests you're under 2 years there. As they havent in any way suggested they are discriminating against you due to pregnancy, they dont have to have a particular reason to dismiss you anyway.

Dox

You seem to be complaining that the company can't provide you with a copy of the contract you say you signed. Why didn't you keep a copy yourself?

HurdyGurdy

gemmayates123 wrote: »

I received a letter in the post, basically saying as it was a conlict of interest, and I didnt inform them it is now gross misconduct. I have asked for a copy of my contract, which they say they have no signed copy as I never returned it. This is not the case as I signed the first copy, and emailed it over. .

In that case, you'll have a copy in your sent items folder

Dox

Les79 wrote: »

As others have probably said, I think that:

1. You might not qualify as a "whistle-blower", despite reporting them to a "prescribed body", mainly because it seems more of a grievance rather than being in the public interest. Also a tad tricky to argue that this was the reason (firstly because it would be a veiled reason, secondly because they seem to have a good enough reason based on what you did* and thirdly because it might have been a retaliatory action from you in that the GM issue came before the "whistle-blower" issue). Certainly worth enquiring with ACAS, mind you.

2.*Not entirely convinced that it is a gross misconduct (GM) issue here mind you, but would depend on the employee contract/handbook. The blurb you provided seems like it could be challenged on two points. One being that it only mentions "serious misconduct", which is not strictly "gross misconduct (GM)" and might be open to interpretation. The other being that it is only in relation to being ILL! From a purely technical point of view, you may have a valid point! Certainly worth challenging/appealing IMO. But, aside from that, the nature of the business you set up would hold a lot of sway on the issue. If you are, for example, an app developer and worked on apps freelance then there's an obvious conflict of interest. But if you worked as an Avon representative, for example, then what's the beef? I would argue that such a term would be unfairly restrictive in that (Avon) scenario, and that there *might* be a veiled reason for dismissal (pregnancy, perhaps). At a HUGE push, it could have elements of indirect discrimination as well insofar that an unfairly restrictive term affects a specific group of people with a protected characteristic worse than others, of which you are a member of said group (but only really if there wasn't much of a conflict of interest).

3. Did you make a Subject Access Request for a copy of your data? Might be a shout to ask for a copy of the contract (which they will subsequently either find or state that they have lost), HR files (including previous disciplinaries etc) and all internal emails/messages (including those which have been deleted and which can reasonably be recovered) containing your personal information. There's an off chance that you will uncover something useful.

I'd recommend going to ACAS here, and maybe speaking to a solicitor after gathering some evidence. Don't hold out much hope for you, but you never know depending on the specifics!

Do all the above and your relationship with your employer is history anyway...

ohreally

Dox wrote: »

Do all the above and your relationship with your employer is history anyway...

I think it fair to say the relationship is moribund by now.