How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have been dismissed from the Home Office on the basis of

Resolved Question:

I have been dismissed from the Home Office on the basis of Gross Misconduct.
In my case I was abused verbally by a colleague and made my line manager and my agent aware of my issues but they took no action and let me in my own devices. When eventually ended up having an argument with this colleague in the office they dismiss me on gross misconduct. The argument lasted less than 1 minute, it was not personal and I was trying to protect my self from false accusations. On top of this after the argument I received messages on my iphone, calling me mad, crazy and swearing at me. I tried to make the line manager aware but refused to look at it. His attitude was work with her, its your problem! I offer my resignation as I could not work any more but they dismiss me on gross misconduct.
Is this right?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long did you work there for?

Customer:

From November 2013 on a contract basis. The contract was renewed twice

Ben Jones :

What are you hoping to achieve in this situation?

Customer:

I just dont want to have it on my record that I ve been dismissed on gross misconduct. I was checking the definition of GM and having a disagreement in the office is not included in the list.

Ben Jones :

was that a list provided in the employer's policies?

Customer:

No, funny enough I cannot find it in the Home Office site and I was never given any list of guidance on that subject.

Customer:

I found a list on wikipedia

Ben Jones :

Well there is certainly no list of what gross misconduct amounts to - there are examples but legally no official list exists so technically anything can amount to GM. It has to be something serious enough which means you are in fundamental breach of contract and your continued employment is no longer possible. A disagreement/argument could easily be a GM event as long as it was serious enough. So for example if you used foul language, physical threats or this was something witnessed by someone else and affected the reputation of the company - many examples can make this Something that can be GM.

Also there is no official record of your employment and this is something which will only come out if the employer mentions it in a reference. So if they do not or you do not use them for a reference, no one will find out about this.

In terms of challenging this you have the option of making an appeal directly with the employer but if that does not help then you can only take the matter to an employment tribunal

Customer:

Ok I see. So the fact that they knew about the abuse and did not act on that , it does not matter

Customer:

Also the fact that they refused to look at the messages on my phone ?

Ben Jones :

It does matter to an extent but does not provide an excuse for what happened.

Customer:

Ok thank you

Ben Jones :

you are most welcome

Customer:

is there anything else you need to tell me? I cannot rate you

Ben Jones :

Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice