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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44941
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello my son has been sacked for Gross Misconduct. He has

Customer Question

Hello
my son has been sacked for Gross Misconduct. He has a right to appeal which he has just received, this has to be in by Tuesday next today is Saturday so not very long.
Here is the story.
He was a lifeguard at one of the big holiday parks, He stupidly jumped onto a raft whilst it was moving down the rapids, this is something the lifeguards do periodically ,it is frowned upon and is not deemed acceptable.
the customer complained about a back injury sustained from this event ,she was compensated with £20 seen by a medical person and was seen again riding the rapids straight after this event. This is all on film. I may add that the customer had previously complained about the bike equipment.
The outcome was a meeting and dismissal.unfortunately my son chose not to take anyone with him or indeed anyone to give a character ref.The fact is he thought he would be given a slap on the wrists and a severe warning for his stupidity.
His manager and co workers were in shock especially as he is one of their best employees ,never having had any problems at all and indeed gaining numerous awards and recommendations of good service. He was just about to start training as a swimming instructor with the company.
he has been told that if he had not admitted his part in this event or indeed been a it cleverer in his answers at the time, none of this would have happened. The truth is he has Asperger's and can not lie ,which is why he is such a good employee. How can we help him appeal, if only to ask for a different outcome then gross misconduct. Any help would be gratefully received.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Was there something you wanted to know about this specifically?

JACUSTOMER-c0fqksvv- :

yes how should he write his appeal letter, with regard to either reinstatement /second chance or changing the dismissal reason.

Ben Jones :

How long has he worked there for?

JACUSTOMER-c0fqksvv- :

6 months

Ben Jones :

ok leave it with me please I will get something together and respond later today, you will get an email

Ben Jones :

Thanks for your patience. I will quickly explain the law in this scenario so at least you know what his rights are.

If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week.

So if the appeal fails it would be quite difficult to take the matter any further because he simply does not have any protection against challenging the employer’s decision. The best he could hope for is to try and pursue them for the notice period, trying to overturn the gross misconduct in the meantime but he will have to take it to a tribunal and there will be fees involved so may not necessarily be that easy.

In terms of grounds for appeal, then whilst we do not offer a drafting service, all that he would be expected to do in the circumstances is write to them, state that he wants to appeal, provide a summary of the reasons for appeal and the rest is discussed at the appeals hearing. All of the issues you have mentioned here are factors he can raise as an appeal and let the employer consider them but there is no way to guarantee that the decision is overturned or that he is allowed to return, especially as he does not have protection against unfair dismissal.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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