Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is you specific query about this situation?
What is the next step with this, I'm concerned about the fact that they Stated Gross Misconduct as a reason to dismiss, I have worked for the Company for over 8 years, and I feel that they haven't dealt with this situation appropriately.
I have suffered hardship as a result of this situation due to loss of earnings, and I feel it only right that some help should be offered by the Company, given the Circumstances.
Now that the appeal; has been heard and you have exhausted the internal options for pursuing this, all you can do is consider taking the matter to the employment tribunal and seeking to claim for unfair dismissal and/or wrongful dismissal, the latter of which is a breach of contract claim where you argue that you were dismissed in breach of contract and that the reason was not actually gross misconduct and you should have been paid your notice period.
Before you can make a claim in the tribunal, you have to follow a new feature in the employment tribunal’s claims process, which is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement and/or reference.
The conciliation procedure and the form to fill in can be found here:
you can contact the employer and advise them this is the next step if they wish to consider their position one more time but if they refuse then this is your next step.
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
Thank you, In the hands of ACAS now, looks hopeful.