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Thread: Suspended for 'Gross Misconduct' - Advice Please

  1. #33
    Lover & Fighter Blitzen's Avatar
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    Re: Suspended for 'Gross Misconduct' - Advice Please

    Sorry Saracen....my fault
    There are certain exceptions where the 6 month rule can still be applied.

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    Re: Suspended for 'Gross Misconduct' - Advice Please

    Quote Originally Posted by togoodtobetrue View Post
    ?? Calm down mate he said he sent an e-mail joking about how the outsourced sector screws up inputs ect. And that he is facing Gross Misconduct because of this e-mail.

    I simply replied why don't you ask the guy who you joke with to tell your superiors that it is just banter

    You are confusing the OP of the thread with the guy who resurrected the thread mate.

    This is why people should open a new thread for this type of thing, it avoids confusion.
    HEXUS FOLDING TEAM It's EASY

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    Re: Suspended for 'Gross Misconduct' - Advice Please

    Hi Gingerzola,

    Firstly i personally believe you have a strong case for unfair dismissal. Your company is clearly not followed Standard Disciplinary Procedure and thus that is automatic Unfair Dismissal.

    In order to be sacked for Gross Misconduct, the procedure is to have a disciplinary meeting with you manager. You must receive a writen letter giving you advanced notice, who will be present and who you can bring with you as witness.
    If after the hearing, they decide to dismiss you, they are legally obliged to provide written confirmation of this within 2 weeks and also a change to appeal. Appeal must be held with a senior manager or higher. Failure to adhere to these basic procedures renders automatic unfair dismissal.

    Check your employee handbook for your company's procedure. If they dont have one or not given it to you, then they are in breach of employment rights etc.

    I would personally not accept their offer. Was this even in a formal written letter?? Go and get more advice as it seems your company is bullying you.

    I personally took my case to employment tribunal and settled. I stated that they failed to adhere to SDP but eventually settled my case with compensation and a standardised reference of not mentioning the event.

    If you need anymore advice, feel free to ask. Best of luck and dont let them get away with this.

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    Smile Re: Suspended for 'Gross Misconduct' - Advice Please

    Something I found out the hard way, although not quite on your scale, was never, ever, put anything in an email you wouldn't want to be read out in court. Or by your maiden aunt!

    I hope this sorted out for you.

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    LCB
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    Question Re: Suspended for 'Gross Misconduct' - Advice Please

    I my self have found that useing your own private e-mail for work because your works e-mail will not let you logon, can get you in trouble. You see I was working with a customer at my desk, woking on her cv that was set from my collegue using his works e-mail. On working with this customer on her cv we came accross a problem with decidng what she whated to say, so I got up from my desk and went to look for some exsamples, after a couple of mis I return and give her these samples. I then say I am going to make some coffee. In the kitchen i make two coffees and return to the room, I give my collegue his coffee whilst he is at his dexk with another customer. I then turn to my desk and the customer says to me its done!. And she needs to leave so she can be home by 4pm, this was at arround 3:10, she then leaves. I then start to collect all the papers I had out on onther table where I had been working that morning. I never thought about the cv again untill the following week.
    I had left the customer reading profile exsamples while making coffee, my e-mail open on the desktop and her cv open in my inbox. I return to the room she tells me its done and leaves, nothing else to think about! The e-mail was asking her to go out with me and to chat on the internet! Dismissed with full pay untill Wednesday 7th 08:30.

    I am 50yrs married 34 yrs and three adult grown sons,5 grandchildren a great job delivering training why would i risk that with an e-mail to someone sat at my desk. the e-mail was sent at 15:03 and she left my desk/ office at 15:20. I have 30+ years and never exprienced anything like this.

    Please advice!

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    Re: Suspended for 'Gross Misconduct' - Advice Please

    Hi there, i am after a bit of advice, i have been suspended from work, on the grounds of gross misconduct and a disiplinary is to be held next week, however i was told that the investigation was nothing to do with me, i had to do a witness statement and sign it, they basically are saying that i am not telling the truth and covering up for someone, they say that i could resign and be offered a solicitor paid for by the company and to come to a compomise. any ideas as to what i should do, i was currently working on a fitness to work certificate from the doctor on a return to work plan an this involved only working 4 hours and they would not let me go home until this was concluded, which was after my working hours had finished and the actions that they say i am not telling the truth about happened outside of my working hours also

  7. #39
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    Re: Suspended for 'Gross Misconduct' - Advice Please

    Speak to a lawyer. We can help you build a computer, if that helps.

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    Re: Suspended for 'Gross Misconduct' - Advice Please

    about time a mod locked this up and made it clear its not the type of thing a technical sites hosted for

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    Re: Suspended for 'Gross Misconduct' - Advice Please

    Quote Originally Posted by GoNz0 View Post
    about time a mod locked this up and made it clear its not the type of thing a technical sites hosted for
    What he said.
    PHP Code:
    $s = new signature();
    $s->sarcasm()->intellect()->font('Courier New')->display(); 

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