Sacked for "gross misconduct"
Discussion
Hi all I think it might be best to give a timeline of events....
- October I commence my new job
- December (3 months into employment) I was asked to meet with my recently promoted sales manager in Costa for a casual chat. He raised some issues which he would like for me to have a look at and resolve with regards to my personal performance. It was then decided that my 3 month probation would be extended to April by the managing director.
- Come January the sales manager is singing my praises and is telling me I have resolved all the issues but is now piling on the pressure with regards to visits and company sales figures
- On Thursday the 29th of January I was emailed by the sales manager to meet with the managing director the following Tuesday for a meeting
- I meet with the managing director who also has the other sales manager in the office with him it is at this point I know it is not a regular meeting. Long story short he has told me he has not been happy with my performance and does not trust me and thinks I have lied on reports and is therefore sacking me for gross misconduct
- I was immediately stripped of my company car, laptop and mobile phone and returned home
I have nothing in writing with regards to confirmation of termination of my contract nor do I have any confirmation of payment in lieu or accrued holiday, notice period etc. I did not even have to sign anything when he told me they were sacking me...!
I have no issue with regards to the actual dismissal as I was looking to leave anyway, I have issue with the procedure and method in which I was dismissed... I know the real reason is because they say was manager and I've butted heads on numerous occasions and as he is quite close to the managing director will have put a worm in his ear... but that is neither Here nor There
Anyone care to comment?
- October I commence my new job
- December (3 months into employment) I was asked to meet with my recently promoted sales manager in Costa for a casual chat. He raised some issues which he would like for me to have a look at and resolve with regards to my personal performance. It was then decided that my 3 month probation would be extended to April by the managing director.
- Come January the sales manager is singing my praises and is telling me I have resolved all the issues but is now piling on the pressure with regards to visits and company sales figures
- On Thursday the 29th of January I was emailed by the sales manager to meet with the managing director the following Tuesday for a meeting
- I meet with the managing director who also has the other sales manager in the office with him it is at this point I know it is not a regular meeting. Long story short he has told me he has not been happy with my performance and does not trust me and thinks I have lied on reports and is therefore sacking me for gross misconduct
- I was immediately stripped of my company car, laptop and mobile phone and returned home
I have nothing in writing with regards to confirmation of termination of my contract nor do I have any confirmation of payment in lieu or accrued holiday, notice period etc. I did not even have to sign anything when he told me they were sacking me...!
I have no issue with regards to the actual dismissal as I was looking to leave anyway, I have issue with the procedure and method in which I was dismissed... I know the real reason is because they say was manager and I've butted heads on numerous occasions and as he is quite close to the managing director will have put a worm in his ear... but that is neither Here nor There
Anyone care to comment?
eybic said:
afaik if you've worked there for less than 2 years, they can pretty much get rid of you for anything. Maybe chat with ACAS for advice (0300 123 1150)
This is absolutely my understanding too. However it just seems to have been done so casually with no paperwork to follow up or confirmation of anything, I think they are hiding behind the gross misconduct label so they don't have to pay me for a notice period.... speed_monkey said:
This is absolutely my understanding too. However it just seems to have been done so casually with no paperwork to follow up or confirmation of anything, I think they are hiding behind the gross misconduct label so they don't have to pay me for a notice period....
Sounds feasible, ACAS will be able to confirm whether you have any recourse although I suspect you don't.No right to be accompanied?
Allegation of fraud without any specific evidence?
Sounds dodgy.
I’d get everything in writing, especially the allegation of fraud if you can.
Ask for copies of their disciplinary procedure and see if they followed it. Might need to get someone to get a copy for you, any friends there you can tap?
Allegation of fraud without any specific evidence?
Sounds dodgy.
I’d get everything in writing, especially the allegation of fraud if you can.
Ask for copies of their disciplinary procedure and see if they followed it. Might need to get someone to get a copy for you, any friends there you can tap?
Was your probation extended in writing?
If dismissed on 29th then I'd expect a letter within 2 weeks.
Your notice period is in your contract, and the most I've seen in probation is 1 week. On top of this you're due holiday.
Personally I'd send a factual email with no emotion asking for a copy of your P45, final payslip along with details of how your final pay was calculated
If dismissed on 29th then I'd expect a letter within 2 weeks.
Your notice period is in your contract, and the most I've seen in probation is 1 week. On top of this you're due holiday.
Personally I'd send a factual email with no emotion asking for a copy of your P45, final payslip along with details of how your final pay was calculated
k I left the world of sales. essayer said:
No right to be accompanied?
Allegation of fraud without any specific evidence?
Sounds dodgy.
I’d get everything in writing, especially the allegation of fraud if you can.
Ask for copies of their disciplinary procedure and see if they followed it. Might need to get someone to get a copy for you, any friends there you can tap?
I wasn't even told it was due to be a disciplinary meeting.... Allegation of fraud without any specific evidence?
Sounds dodgy.
I’d get everything in writing, especially the allegation of fraud if you can.
Ask for copies of their disciplinary procedure and see if they followed it. Might need to get someone to get a copy for you, any friends there you can tap?
I have a copy of the employee handbook with the disciplinary procedure
Sir Bagalot said:
Was your probation extended in writing?
If dismissed on 29th then I'd expect a letter within 2 weeks.
Your notice period is in your contract, and the most I've seen in probation is 1 week. On top of this you're due holiday.
Personally I'd send a factual email with no emotion asking for a copy of your P45, final payslip along with details of how your final pay was calculated
Yes it was confirmed in writing If dismissed on 29th then I'd expect a letter within 2 weeks.
Your notice period is in your contract, and the most I've seen in probation is 1 week. On top of this you're due holiday.
Personally I'd send a factual email with no emotion asking for a copy of your P45, final payslip along with details of how your final pay was calculated
I was verbally dismissed on the 5th of February
My Notice Period is one week whilst in probation
I will put together an email requesting said information
essayer said:
It could be wrongful dismissal (no two year requirement) but getting to the bottom of it might require legal assistance, the cost of which being significant, and balanced against what’s at stake..
having just spoken to ACAS they have confirmed the same... I am not bothered about litigation or taking them to court etc I just feel that procedures were not followed....
There is not much you can do within 2 years from start date but they must still stick to the terms of your contract. As an example of mine once out of my probation period I get 3 months notice and if they worst was to happen I’d expect to keep my company benefits for that 3 months, including company car etc ( or be paid an equivalent amount to forgo the use of them). The issue is they have just sacked you on gross misconduct which is dismissal with no notice and this is your key issue. You need to raise a point with them that there is no evidence to warrant a summary dismissal and as such you expect your notice period being paid up and compensating for lose of benefits for the same period. Threaten some legal recourse if not adhered and make sure you put a sum in that you want to go away.
Not saying it would work but they seem pretty clueless anyway if what you say is true.
Not saying it would work but they seem pretty clueless anyway if what you say is true.
I had to `move on` from a 10k bonus \ back-pay promise that was revoked on my last day after working an extra months notice (4 months in total)
Some of the senior managers involved have now been tuped over to an Indian sweat-shop so there is at least a little karma!
You can let stuff like this take over your life!
Some of the senior managers involved have now been tuped over to an Indian sweat-shop so there is at least a little karma!
You can let stuff like this take over your life!
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