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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I have been sacked for gross misconduct and it was not me

Resolved Question:

I have been sacked for gross misconduct and it was not me who was driving telehandler endangering other peoples lives.
The company are putting resposibility on me for not telling him the pins where not in place or stopping him
there was a lot of people who drove truck after I finished my shift who might not put pins in properly, plus I believe its drivers responsibility check the vehicle is fit for use before you drive it
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

What do you wish to know about this? What exactly is the history of your case?
Customer: replied 2 years ago.

I need know if I could go case for unfair dismissal as culprit who driving telehandler is still working while I have lost 7 years redundany and why I am blame not telling him or stopping him from using truck

Expert:  Alice H replied 2 years ago.
I need to know all the facts of the case before I can help you. At the moment all I know is that you were dismissed but the alleged culprit was not. What exactly has been going on?
Customer: replied 2 years ago.

About 3 months ago firm took on another storeman help me, he didnt have any experience and I complained but was ti0old get on with it, he was sent on course drive telehandler and when he passed started drive it, I saw that pins where not in to secure forks correctly and told colleague, cant remember if I mentioned it to driver, then another time I was accused standing behind telehandler but this wasnt proven, filling log book I admit didnt do, but fact is that David Pilling drove telehandler and endangered life and I get sacked for gross misconduct and he still working

Expert:  Alice H replied 2 years ago.
OK. Bear with me while I type an answer.

By the way when were you sacked?
Customer: replied 2 years ago.

Last thursday

Expert:  Alice H replied 2 years ago.
OK. Based on the information you have provided it appears that you may have a claim for unfair dismissal and you have 3 months from last Thursday to lodge your claim with the Employment Tribunal.

Gross misconduct is misconduct so serious that an employer dismisses without notice. But even where gross misconduct is proved, the employer still has to consider the gravity of the offence, look at alternatives to dismissal, and give proper weight to any mitigating factors e.g. length of service, past disciplinary conduct, explanation for events that occurred. It does not appear from your information that your employer did this.

Many employers overlook the alternatives to dismissal: they have a tendency to assume that once they are satisfied that there has been gross misconduct, dismissal follows automatically. This is a mistake and one that you could use in your claim. Even if your employer decided that gross misconduct was proved they should have looked at alternatives before dismissing you e.g. warning.

Without seeing the evidence and the decision making notes of your employer it’s difficult for me to advise you on your chances of success. However, there are many solicitors who will deal with these claims on a no win/no fee basis so you should go and see someone as soon as possible to get your claim started.
Alex
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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