Employment Lawyers Can Answer Your Employment Law Questions
Hi, thanks for your question. My name is XXXXX XXXXX I can help with this.
Are you saying that there was an internal policy saying that they would have been reviewed, but appear not to have been?
Okay, this is what it seems like to me. But, the botXXXXX XXXXXne is that these appear to be the effective policies in force at the time of the alleged misconduct?
Sadly, I don't think you're going to get far with that argument. Is your concern that they have defined something as misconduct in the policy and you appear to have done that?
Okay. There was a case in March this year which confirmed that simply because an employer calls something gross misconduct not not mean that it will be treated that way. Can I just check first, how long have you been there for?
Okay. What was the nature of the social media posts?
In general terms. Don't forget - this is a public forum.
But why do they say that is gross misconduct? It doesn't sound very "gross" to me?
Gross misconduct requires there to be a massive one off failing in the employment relationship between employee and employer. Your issue, if anything, may have been stupid and ill advised, but I don't see that it's that serious to end the relationship between you.
Well, I don't see how this does bring the organisation into disrepute. It's a commercial reality sometimes that people have to be scarified to keep commercial options viable with customers, it doesn't bring them into disrepute. If, however, you had told people that had a secret allegiance with some banned political party, for example, that would be a different ball-game.
And anyway, even if this was gross misconduct, which I seriously doubt on what you've said, then that's not to say they will dismiss you for it. I expect a tribunal would be very critical of them for doing so in the circumstances.
The employer should consider mitigating circumstances anyway, such as your key contributions, unblemished record, length of service etc.
Any decision to dismiss you has to be taken fairly and reasonably. If you are dismissed, you have the right to claim for unfair dismissal.
Is there anything else I can answer for you?
Thank you. XXXXX just ask whether you're happy with the service today?
Thank you. Hope all goes well for you, maybe let me know the outcome, and we can discuss what might happen next (if anything).