Help gross misconduct!!

Abbey79 · 20 July 2019 at 2:06AM

Hey everyone I’m new here but after reading a few of the other threads along a similar topic I thought I would post.

Currently facing a charge of gross misconduct at work due to a sickness absence couple of weeks ago. My work alleges that due to the fact I called in after I was due to start this had a negative impact on the store trading and lost an hour of trading. I was unable to call any earlier due to the fact I was being sick but did eventually get hold of someone. They’re saying that they know I was out the evening before but this was with family for dinner and certainly wasn’t for drinks.

Aside from this I’ve just been recently made redundant from the organisation and I’m working my notice period (which is not a bad thing imo I wanted the money) and I’m due to finish up soon. Worked with them for 8 years and have had 3 sick days in total including this one.

I’d appreciate any help or advice right now.

Thanks

Abbey

[Deleted User] · 20 July 2019 at 6:45AM

I'd call them on this, sounds like they want to get out of paying you because calling in late is not gross misconduct.

Are you a union member?

tacpot12 · 20 July 2019 at 8:52AM

All they can prove is that you called in late, and given that you were sick (which I would think was down to something you ate), it is not reasonable to call this gross misconduct. It is misconduct at worst.

Undervalued · 20 July 2019 at 9:04AM

I agree. If the situation is exactly as the OP has described and no relevant information has been omitted, then they will struggle to class this as gross misconduct.

With the value of the redundancy being at stake I would get some professional advice.

Abbey79 · 20 July 2019 at 10:00AM

Thanks guys. No information omitted and I feel sick thinking about it. I'm going to try and get some legal advice before next week. I'm not a member of a union purely because everytime I've thought about signing up life has got in the way and I've thought I'll do it tomorrow etc

Abbey79 · 20 July 2019 at 10:01AM

Did forget to mention that throughout the whole process I've seen nothing in terms of paperwork. Large national organisation that I work for too. All feels very rushed and "good timing" on their part.

oldernonethewiser · 20 July 2019 at 10:06AM

Make sure you get a copy of their disciplinary procedure and that they follow it to the letter.

discat11 · 20 July 2019 at 10:07AM

Definitely not classified as gross misconduct in any organisation I have ever worked for.
In fact misconduct is stretching it, unless you have a repeated history of doing the same or they can prove or have suspicion to believe the sickness wasn't genuine or was self inflicted somehow.

Abbey79 · 20 July 2019 at 10:29AM

I think that they're convinced I was in the pub all night boozing it up which absolutely wasn't the case. Personally I think my sickness record speaks for itself: 3 days in 8 years.

oldernonethewiser · 20 July 2019 at 10:35AM

Their claim, I would assume, is that you should have called in earlier and by not doing so caused them financial loss. Can they demonstrate the loss?

What is their procedure for calling in when unable to get to work (for whatever reason)?
Has anyone else been in the position of not being able to call in?
What is their procedure when someone is unable to call in?

Unless they have proof (and I doubt that) that alcohol/drugs were they cause of you being off and therefore being incapable of informing them of your absence then I can't see this going in their favour.

Undervalued · 20 July 2019 at 10:41AM

The problem is if they are somewhat unscrupulous they have little to lose. Unless they validly dismiss you they have to pay notice plus statutory redundancy. Sadly, if they sack you on a pretext there is a chance they will get away with it.

I suspect if that happens and you fight they will settle, taking the view "oh well, it was worth a punt"!

Sorry, it stinks and I sympathise!

Help gross misconduct!!

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