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Thread: Dismissed For Gross Misconduct

  1. #33
    ho! ho! ho! mofo santa claus's Avatar
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    Re: Dismissed For Gross Misconduct

    Time for your Union if, as a first step, you choose not to apologise and ask for reinstatement on the grounds of learning from a mistake. Least pain, most possible gain imo.

    Good luck deno; hope you get your job back.

  2. #34
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    Re: Dismissed For Gross Misconduct

    Quote Originally Posted by deno1988 View Post
    i can see which part everyone is coming from here.in my contract it only states we are not allowed to smoke on site.it dosent say anything about not leaving site.the site i used to work at is a warehouse for supermarkets it only store ambient/frozen/chilled products plus i was away from the building and off site so there was no risk.i was clocked out for my break but still getting payed for my break.i see this desicion has harsh has i have explained before 2 other workers did the same thing and they got away with counciling does this seem fair on me i get dismissed for this reason?
    what were the given reasons for gross misconduct? i ask as it's common for people to say they were fired for X reason, as they've made assumptions, but the official answer in writing is another reason. it's hard to offer help without knowing the full reasons

    also, does your contract allow you to leave the premises during breaks? do you have a copy of the terms and conditions of your employment, and have you read it?

    if other employees have done the same thing as you and only received informal warnings, or even an official first warning, then that usually sets some precedence and thus if you found guilty of the same offence then gross misconduct would seem unfair, in which case you may have reasons to start tribunal proceedings by getting in touch with ACAS. if those workers were not employees, then that's a different matter. a worker can be an employee of the company, or an agency temp, self employed, volunteer, basically anyone doing any work, but an employee is employed directly by the company. as all disciplinary action should be treated privately and confidentially, you shouldn't really know the true reason as to what happened with the other individuals, and you may be drawing conclusions with lack of factual information to back it up

    your best bet would be to speak to ACAS who should be able to give professional experienced advice for free

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