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Alice H
Alice H, Solicitor Advocate
Category: Employment Law
Satisfied Customers: 2847
Experience:  Partner in national law firm with 20+ years legal experience
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i been dismissed for gross misconduct and i am innocent

Customer Question

i been dismissed for gross misconduct and i am innocent
Submitted: 3 years ago.
Category: Employment Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

How long ago were you dismissed? Did you go to the Employment Tribunal?
Customer: replied 3 years ago.

hi, just had my appeal dismissed last week


 

Customer: replied 3 years ago.
Relist: Answer came too late.
Expert:  Alice H replied 3 years ago.
OK. I've been looking at your last conversation with my colleague and can see the history of your problem.

If you are unhappy with the decision your next step would be to make a claim to the Employment Tribunal. Here is their website:

http://www.justice.gov.uk/tribunals/employment

You can make a claim for unfair dismissal and seek compensation from your employer on the grounds that the dismissal was an unreasonable response in your case.

In deciding the matter the ET would look at:

-Whether the offence gross misconduct – that is, was it serious enough to destroy the contractual relationship between employer and employee?

-Whether correct procedures were used, taking into consideration the law and the resources and size of the company.

-Whether the response was within a band of responses that a "reasonable" employer would take.

-Whether your employer had considered alternative sanctions eg. a transfer, demotion or suspension.

-Whether mitigating factors were taken into account, such as the past history, age, position, length of service and previous warnings. For example, while it might be reasonable instantly to dismiss a relatively new employee, with reserved references, who comes in fighting drunk one Friday afternoon and tries to punch his foreman, it might not be reasonable to instantly dismiss a long-standing employee with a good record, who makes an error of judgment but no loss has been considered.

If you wish to make a claim to the ET you need to do so as soon as possible. It would be advisable to get a solicitor to help especially with the paperwork to lodge the claim. The time limit is 3 months and there is now a fee payable for these claims which is on the website I mentioned.

Alex
Customer: replied 3 years ago.

hi, do you know the situation?


 

Expert:  Alice H replied 3 years ago.
I read the conversation you had with my colleague "taratill" on 30.10.13.
Customer: replied 3 years ago.

do you think i have a case, if so what grounds?


 

Expert:  Alice H replied 3 years ago.
Based on the information you gave my colleague I think you do have a case on the grounds that your dismissal was an unreasonable response to the incident in queation; ypur employer did not consider alternative sanctions and there were clearly mitigatimg factors against dismissal. However, before you start proceedings ot would be worthwhile getting a lawyer to assess the case properly and look at correspondence and notes of the disciplinary hearing and appeal decision.
Customer: replied 3 years ago.

ok, first of all, at the appeal, i had a hour with the union rep, he only looked at my paperwork for 5 minutes, he was on the phone with his friends throughout the time and the signs were to he was not interested. Anyway, i asked him for help fact that my job is precious to me. He said to me i want you to tell the manager that when the couple came on my bus, soon as you realised the tickets never came out the machine, you opened the lid of the ticket machine to inspect the paper feed, and closed the lid. The thing is I did not do this at all. I questioned the union rep as to how can I say this if I have not written it on my occurence report, or the discplinary hearing when i was dismissed? He said to me not to worry about it and what counts is now. He shouted at me and said this is what you are going to say. I felt very uncomfortable and did no what to do. Once again he said this is what you will say as if I had no choice. At the meeting I told the manager what union rep told me, and the manager told me straight away that if you open the lid of the ticket machine, the machine will have diagnostic code, each diagnostic codes relate to different things, like example number 32 would relate to ticket machine being opened. Manager said you had no diagnostic codes which tell me that you did not open the lid of the ticket machine.


I was in despair, and even more stressed, I looked at the union rep and he was just looking down.


At the end of meeting, the manager said she will make her decision after investigating two things. 1. I had a few disputes of revenue inspector report such as he only made me sign for the allegation of youth and not the couple etc. 2. she said I told her in my original report that revenue boarded my bus regular in the last 3 months which is correct, she said your report sounds like you are saying revenue come everyday? I replied not everyday but more regular than before. She said how regular? I said i do not know. She said i need a number? once everyday, once every two days? I said I am not sure may be once 3 days. She said ok i will check your module to see if this is correct.


When my appeal was dismissed, she said in her report that she had checked my module for the last two weeks before the incident and found that revenue have only boarded your bus twice and thirdly prior to incident, she said this brings your honest into question. The problem I have is she did not tell me she will be checking the last two weeks, if she did I would of given her more accurate answer, I thought she will be checking the last 3 months whay I wrote in my original report. Also she said she spoke to the revenue in question, he said everything is correct in his report. She said I asked you if the youth spoke to you about the problem when revenue boarded, on the letter it said i replied no, the thing is she did not even ask me this question, to back it up she said cctv shows youth with inspector trying to have conversation with you, also this brings honesty into question. She wrote about the ticket machine lid which brings my honesty into question. At the meeting she said in your original report you wrote that the youth had given you 1.60, i kept the 1 pound, and the youth took 60p back, at the dismissal and now you are saying you had 60p and youth took the 1 pound? she said she is confused and which document is correct? I replied i had the 60p and youth took the pound, i apologised i basically got it the way round, the reason why i must of wrote in wrong in my occurrence report was more likely to do with fact that i was extremely stressed.


These are the grounds why my appeal was dismissed.

Expert:  Alice H replied 3 years ago.
OK. I'm not going to be able to add any more to what I've said. You obviously have grounds to pursue a claim to the ET and should take this step as soon as possible.
Customer: replied 3 years ago.

i have spoken to my union solicitors and told me i have no case and they are not willing to help me

Expert:  Alice H replied 3 years ago.
I see. In that case you either have to pay an independent solicitor which could be expensive or deal with the claim yourself. If you deal with the matter yourself you have to be very careful, of course, to get the paperwork right otherwise the claim could be thrown out. However, the ET is less formal than a court and many people deal with their own cases.
Customer: replied 3 years ago.

yes, i spoke to a solictor and said it would cost me about 8k, what do you think i should do? how do i do it myself?

Expert:  Alice H replied 3 years ago.
I can't tell you what to do I'm afraid about representation I'm afraid That is not my role. I can only give you guidance on the law. You have to make the decisons I'm afraid not me.
Customer: replied 3 years ago.

you say if i deal myself i have to get paperwork right? what do you mean by this?

Expert:  Alice H replied 3 years ago.
On the website for the Employment Tribunal you'll see there are forms that you have to complete and lodge in order to get the case started. It's essential that if you start a claim that you complete these forms properly. If you start the claim and want me to have a look at the draft of your forms then I'm happy to do so.
Customer: replied 3 years ago.

how would i show you the draft of form on this website? or can you give me email address?

Expert:  Alice H replied 3 years ago.
You can email for my personal attention at [email protected]

Cheers

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