dismissal for alleged gross misconduct. To appeal?

myukjob85

Hi all , so I in the fallowing situation : I worked until  very recently for a big company in optics and electronics. I have been dismissed for gross misconduct for putting the it network at risk by linking the phone with a work laptop and use of a hot spot to listen to music a thing that local management was ok with (listening to music from memory stick plugged in the laptop or from the phone). As I was doing precision work in very awkward positions all the time we had  micro breaks 15 sec brake every 10 min and 3-5 min brake every 30-60 min as a policy to maintain ta good health of the body relax and disconnect from the level of concentration. For the last 5 years both me and my colleagues used this brakes to search internet (use of internet in brakes was permitted based on company policy). Other colleagues was checking their phone or making personal calls.
About 2 weeks a go I was asked to a meeting where I was informed about an investigation started for loss of productivity from using the internet for personal use, use that based on evidence presented was easy to put in the brakes permitted. I challenged the claim  by asking evidence of loss in productivity (we have a system that we log times for every job finished) as I new that they will have none as my productivity was on the same levels like in the last 5 years. They replied saying they will investigate.
 Couple of days later I was asked again in a meeting when I was accused again of using internet for personal use but also was accused of putting the IT network at risk by linking the work laptop with the phone (bare in mind most colleagues was using phones or usb memory drives plugged in to laptops to play music from). I replied with the fact that I used the micro brakes , like me and most my colleagues ,  to disconnect from the level of concentration by searching different things on internet and as the same network is used for personal use in the breaks without any other means of protection and is ok for the company , using my phone hot spot to play music was not a bigger danger to the network than some other colleague that was using their own usb memory drive to play music from. I was suspended pending investigation and after some time dismissed with gross misconduct for using the internet for personal use and putting the network at risk by linking my personal phone with the work laptop. So company did not take in consideration their own policy for micro brakes and did not provided any evidence about the risk that linking the phone with the work laptop posed. Did not matter that all staff was doing the similar things with the blessing of the local management. So I felt targeted as they wanted long time a go to get rid of me from my department to put someone else in my place as they tried to move me in other department some time a go on a ''work exchange'' to another department where no one wants to stay and spent about 3 months. I returned in my own department only after I made some noise about the fact that I am not doing the job described in my work contract. 
Now I can appeal to the dismissal so should I do it by myself ? or to use solicitor to do the appeal?  I intend to make a claim in the employment tribunal.

Thrugelmir

Speak to ACAS.  What's key is whether the company followed the correct procedures and whether you openly infringed company policies. 

TBagpuss

Everyone else does it is not a defence , but if other people were treated much less harshly, or were not disciplined at all, for the same actions, then it may call into question whether the company followed a fair process.

Also, if OP had been given permission y local manager then that is also relevant - although it would depend on whether they have evidence of that . 

I agree that speaking to your union, if you are a member, or failing that to ACAS, would be a sensible move.