Unfair Dismissal

Hybridv

Hi,

I was recently dismissed from my job for gross misconduct (health & safety)
Misconduct:

1) Selling out of date drink (Innocent juices)
On one instance a out of date(1 day) bottle was found on shelf by operation manager. (None were sold, no complain from any customer) It was very busy day at shop and we were like always lack of staff and so shelf checking got delayed.

As i am unit manager i was blamed for this that it was my responsibility as manager. Saying that as we are always lack of staff as a manager i have to work similar as other staff, manage them, handle delivery, check stock almost everything. I have only 1 reliable staff at work such is there recruitment. I understand we should not have those drink on shelf (They stayed there few hours on other day) but is this really a reason for dismissal ?

2) Mouse dropping
Mouse dropping came in one of the audit which were in staff cloakroom not near any food products also audit said that they were at hard to reach area. We do clean shop regularly. Again as unit manager i was blamed for this.

With regards to mouse dropping issue, there were few other instances of this in history but no action was taken for this. This mouse dropping are not severe they are just few bits found and it's the problem with venue and many shops have the same issue.

I don't feel this 2 points should result in dismissal as gross misconduct.
Again similar issue have been found in other shops in same company but no action were taken on those people but only me. I have been working in this company for 7 years and everyone know my performance and work. But the problem recently is most of the HO have new employee and they are on mission of removing some employees. Before me few people have left the company reason unknown.

I would like to know what you people consider the above situation ?? Justified for dismissal ? Is it gross misconduct ? Any other action would have been appropriate then dismissal ?

Comms69

Hybridv wrote: »

Hi,

I was recently dismissed from my job for gross misconduct (health & safety)
Misconduct:

1) Selling out of date drink (Innocent juices)
On one instance a out of date(1 day) bottle was found on shelf by operation manager. (None were sold, no complain from any customer) It was very busy day at shop and we were like always lack of staff and so shelf checking got delayed.

As i am unit manager i was blamed for this that it was my responsibility as manager. Saying that as we are always lack of staff as a manager i have to work similar as other staff, manage them, handle delivery, check stock almost everything. I have only 1 reliable staff at work such is there recruitment. I understand we should not have those drink on shelf (They stayed there few hours on other day) but is this really a reason for dismissal ?

2) Mouse dropping
Mouse dropping came in one of the audit which were in staff cloakroom not near any food products also audit said that they were at hard to reach area. We do clean shop regularly. Again as unit manager i was blamed for this.

With regards to mouse dropping issue, there were few other instances of this in history but no action was taken for this. This mouse dropping are not severe they are just few bits found and it's the problem with venue and many shops have the same issue.

I don't feel this 2 points should result in dismissal as gross misconduct.
Again similar issue have been found in other shops in same company but no action were taken on those people but only me. I have been working in this company for 7 years and everyone know my performance and work. But the problem recently is most of the HO have new employee and they are on mission of removing some employees. Before me few people have left the company reason unknown.

I would like to know what you people consider the above situation ?? Justified for dismissal ? Is it gross misconduct ? Any other action would have been appropriate then dismissal ?

You have 3 months, less a day, to take this to ET - speak to your union.

(or a solicitor if not a member)

Hybridv

We are going to speak to solicitor soon. I would like to know genuine opinion on the situation from others to what they think about the situation. Was the decision to dismiss justified?

elsien

What did you do about the mouse droppings? Follow your policies? Report to your manager, call in pest control, completely ignore them?
My answer will depend on the answers to those questions. What happens before with other people is irrelevant. This is about you and the here and now.

Blatchford

Without all the relevant details, nobody can tell you whether it was fair in law to dismiss you or not. That said, it does appear that health and safety requirements were seriously lacking, and if this was your responsibility, then there are serious issues to be addressed. You don't seem to have the appropriate response to the mouse droppings, which wouldn't have helped you at all - you are minimising it when you shouldn't. The fact you say that they are in a staff area, there's only "a few bits", and other shops have mouse droppings, shows an inappropriate level of understanding from someone in management.

How long have you worked there, and is there any previous history of verbal or written warnings of any kind?

Hybridv

To be more specific: when first audit was done and mouse droppings found I was on holiday. In 4 days time pest control guy came who comes regularly found that again and told me and it was cleaned that time. Now he did mention in his report that it was in hard to reach area, that was not considered and neither we cleaned it later. But because it was there 4 days I was blamed for that.

Hybridv

I was with company for 7 years and never got any warning or nobody raised any issue about this earlier. I don’t want to compare with other shops of company I can understand that irrelevant but it’s just that I felt discriminated.

This incident concluded in dismissal.

Undervalued

Hybridv wrote: »

I was with company for 7 years and never got any warning or nobody raised any issue about this earlier. I don’t want to compare with other shops of company I can understand that irrelevant but it’s just that I felt discriminated.

This incident concluded in dismissal.

To dismiss fairly (in law) an employer must conduct an investigation in order to satisfy himself that he has a reasonable belief that the misconduct took place. If so then he can dismiss providing it is within the range of responses a reasonable employer might choose. That is all.

To expand on that that last point, it is irrelevant what another employer did or didn't do and it is also irrelevant how another employee in the same firm was treated previously. All that matters is whether dismissal is withing the range of responses a reasonable employer might choose.

I have to be honest, based on the limited information, I think dismissal in this case may cross that threshold. It might be thought to be "harsh but fair" however that is perfectly lawful. It might well be that quite a few employers would have been more lenient but I'm afraid that doesn't mean your has to be.

As others have said, you need to get some face to face legal advice from a solicitor.

Blatchford

Undervalued wrote: »

To dismiss fairly (in law) an employer must conduct an investigation in order to satisfy himself that he has a reasonable belief that the misconduct took place. If so then he can dismiss providing it is within the range of responses a reasonable employer might choose. That is all.

To expand on that that last point, it is irrelevant what another employer did or didn't do and it is also irrelevant how another employee in the same firm was treated previously. All that matters is whether dismissal is withing the range of responses a reasonable employer might choose.

I have to be honest, based on the limited information, I think dismissal in this case may cross that threshold. It might be thought to be "harsh but fair" however that is perfectly lawful. It might well be that quite a few employers would have been more lenient but I'm afraid that doesn't mean your has to be.

As others have said, you need to get some face to face legal advice from a solicitor.

I think I would agree. Providing a process was followed that shows legal fairness, then I also think "harsh perhaps, but legally fair" may be the result.