Dismissed for gross miscoduct - but didn't do it!

daKlone

If a person were dismissed for gross misconduct, allegedly damaging company property, and didn't do it, would there be any redress available?

An associate of mine has been sacked for allegedly damaging a company car, which he did not do. Sadly they don't have a 'check-in/check-out' process, so there is no evidence to prove when the damage occured.

The business was looking to get rid of people and it was apparently a choice between my associate and a pregnant woman, so he believes that the company have 'trumped up' these accusations in order to get rid of him immediately, without having to go through the redundancy process (or pay him anything).

After the company tried to say that he had to pay for the damage to the vehicle, he got a solicitor to write a letter and they haven't pursued it any further. My feeling is that they will simply claim on thier insurance for the damage and be perfectly happy to have just got rid of someone cheaply.

Is there anything that can be done? I'd be unhappy to carry an unfair 'gross misconduct' dismissal on my work history

KatrinaWaves

How long has he worked there? Is this a he said/she said argument, where neither side has proof of their ‘side’? 

Undervalued

daKlone said:

If a person were dismissed for gross misconduct, allegedly damaging company property, and didn't do it, would there be any redress available?

An associate of mine has been sacked for allegedly damaging a company car, which he did not do. Sadly they don't have a 'check-in/check-out' process, so there is no evidence to prove when the damage occured.

The business was looking to get rid of people and it was apparently a choice between my associate and a pregnant woman, so he believes that the company have 'trumped up' these accusations in order to get rid of him immediately, without having to go through the redundancy process (or pay him anything).

After the company tried to say that he had to pay for the damage to the vehicle, he got a solicitor to write a letter and they haven't pursued it any further. My feeling is that they will simply claim on thier insurance for the damage and be perfectly happy to have just got rid of someone cheaply.

Is there anything that can be done? I'd be unhappy to carry an unfair 'gross misconduct' dismissal on my work history

It depends on whether the employer attempted to conduct a fair investigation and formed a "reasonable belief" that the GM took place. If they did, then the dismissal would be fair in law even if it was subsequently proved that the employer was wrong and your associate was "innocent". There is case law to support this.

An employer is expected to make a reasonable layman's attempt at being fair. They are not expected to have the investigative skills of Inspector Morse or the legal knowledge of a High Court Judge! 

daKlone

Yes, very much a he said/she said situation. There is undoubtedly damage to the vehicle, but as to when it happened or who is responsible, there's no evidence either way.

Sounds like there's nothing that can be done, as I guess there's little that a "fair investigation" can do; the vehicle is damaged and my associate can't prove it wasn't him.

It does feel very unfair though

KatrinaWaves

How long have they worked there? Under two years there’s sadly little you can do. Over two years it could be worth fighting. 

steampowered

An employer can dismiss you for any non-discriminatory reason - or just no reason at all - within the first 2 years of employment.

After the first two years of employment, if the employer dismisses you for gross misconduct, in an Employment Tribunal the burden of proof is on the employer to prove that (1) they followed a fair process (i.e. a reasonable investigation) and (2) they had a reasonable belief that the dismissed person committed the act complained of.

If your friend had more than 2 years' continuous employment, he could bring an unfair dismissal case if the matter was not investigated properly, or if the employer didn't have a reasonable belief to think it was him (e.g. if they had no reasonable basis to think it was him, or just trumped up the charges to get rid of him).

TELLIT01

Did your friend report the damage as soon as they were aware of it?  If not that alone could be classed as gross misconduct by some employers.

patman99

It sounds like bad company policies to blame here.

No vehicle checks carried-out prior to using the vehicle=no way to prove who damaged it, so blame the last person to use it.

I work for the Ambulance Service and even if we switch vehicles during the shift, we still carry out a VDI and fill in the paperwork. That way, if we get into a damaged vehicle and we note the damage, then we cannot be held responsible for it.

As for the person the op was posting about, they may still have a potential claim for breach of contract if employed less than 2 years, or wrongful dismissal if employed over 2 years.

As it is free to take an employer to Employment Tribunal, it is worth a punt.

I was advised that I had no chance of winning against my former employer, but when they realised I was serious about taking them to tribunal, they made me a decent offer rather than face the panel.