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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended with pay as of yesterday at 10 am had

Resolved Question:

I have been suspended with pay as of yesterday at 10 am had a letter handed to me last night to say a hearing has been set for Thurs. at 3pm for gross misconduct stating I was rude to a customer and an fellow employee..I should mention I am American and have been at the company for 19 mo..what can I do please.

Denise Hopkinson
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you aware of the incidents they refer to?

Customer:

yes we talked about them yest..I don't feel I was rude at all

Customer:

I tried to explain the allegations but to no avail this is a new manager has been 6 mo now and I have felt he wants me out..more recently they have told use we had to wear uniforms I work as a CA in a Peugeot dealership the shirts are to small and I feel very uncomfortable in them

Customer:

I have many customers how ask for me by name and get gifts from others for my helping them

Ben Jones :

What are you hoping to achieve in this situation exactly please?

Customer:

at this point I want to be able to leave their employ with out a gross misconduct hanging over my head for future employers to not want to hire me I don't feel I can continue working there

Ben Jones :

Do you have a contractual notice period you need to serve to leave?

Customer:

yes 2 weeks

Customer:

this is affecting my health as I have high bp and have had 1 stroke already I don#t want or need the stress

Ben Jones :

There is nothing that would guarantee the employer dismissing you for gross misconduct, although it is possible to challenge the seriousness of the allegations and at least reduce this to misconduct rather than gross misconduct. That would not remove the fact that you were dismissed though and unfortunately in the circumstances the employer can dismiss you for more or less any reason because until you have 2 years’ service with them you are not protected against unfair dismissal. This means they can go ahead and dismiss you, even if you did not do anything wrong and still say that you were dismissed.


 


If you wanted to leave now to try and avoid dismissal you would still be expected to work through your notice period of 2 weeks and in that time they can still proceed with the disciplinary and dismiss you before the notice is up, so the reason for termination would still stand as dismissal rather than resignation.


 


What you could do id approach them to try and discuss the possibility of you being allowed to leave and them dropping the disciplinary as it would at least save them some time and resources by not having to pursue this. They do not have to agree to this though so you are relying on their goodwill if they were to go down that route.


 


Alternatively you just have to face the charges and defend yourself as best as you can. As mentioned you cannot avoid being dismissed if that is the path the employer wants to take because you are not protected against unfair dismissal, but at least you can try and reduce the seriousness of the allegations from being gross misconduct.

Customer:

great my boss is a tyrant who has mad up his mind already so great

Ben Jones :

it is your length of service that lets you down here unfortunately - you simply cannot prevent a dismissal, the main issue is to try and mitigate the charges you are facing

Customer:

thanks

Ben Jones :

you are welcome

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