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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am facing an allegation of gross misconduct at work that

Resolved Question:

i am facing an allegation of gross misconduct at work that is totally unjustified.
It is alleged I have brought the company I work for into disrepute due to the failure to maintain a successful relationship with a supplier. This allegation is based off one meeting held with the supplier where i was present and the supplier commented that they did not receive as much communication with me as they did the previous buyer and they did not see me much outside of appointments. The supplier also noted failure to communicate from other departments but I seem to be the only one facing disciplinary. To date no written evidence has been supplied to me and I have been told that the allegation is purely based on this one meeting. I have never had any prior performance issues and have worked for the company for 1 year in my current position. I was formerly employed by them two years ago for a total of 5 years. How they can proceed with this allegation?
Thank you.
Sarah.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying you only have 1 year's continuous service, but have prior employment from 2 years ago?
Customer: replied 1 year ago.
Yes, I worked for them from 2008 until 2012. I then left to work elsewhere for 2 years and was reemployed in a more senior position just over 1 year ago.
Expert:  Jenny replied 1 year ago.
Do you have any idea why the supplier would have it in for you?
Customer: replied 1 year ago.
There has been no formal complaint from the supplier. I have only been made aware that my Directors are unhappy, yet they were not prepared to give written witness statements as to why.
Expert:  Jenny replied 1 year ago.
So they have given you no further information? Is this the main client of your employer?
Customer: replied 1 year ago.
This is a key client but we have over 150 that we deal with.
Customer: replied 1 year ago.
The only information I have been given is that the allegation has been based off this one meeting. No further complaints
Customer: replied 1 year ago.
The supplier complained that they received less communication from me then the previous buyer, they also complained about lack of communication from another buying team, as well as marketing and finance but I am the only one facing any charges.
Expert:  Jenny replied 1 year ago.
what is the notice period in your contract and do you have any reason to think that the directors may want to get rid of you ?
Customer: replied 1 year ago.
6 months. This completely out of the blue and I have no idea why this is being raised. My colleague who was also present at the meeting has provided a witness statement on my behalf saying that the supplier did not seem angry at my behaviour but was more concerned about other issues that had nothing to do with me - namely distribution.
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** think that there could be any discrimination in the fact you are being scapegoated, for example because you are a woman?
Customer: replied 1 year ago.
No, there are many other women buyers at work
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** the first 2 years of employment the employer can dismiss for any reason given that an employee does not have the right to claim unfair dismissal. The exception to this is if the decision is discriminatory, for example on the grounds of sex or race. The situation for your employer is slightly different given the lengthy notice period in your contract. If there is not good grounds to dismiss you for gross misconduct (summarily) then the employer will have to pay notice or face a claim of wrongful dismissal. This means that if they do pursue the gross misconduct line in an attempt to avoid the notice payment then they need to be reasonable. You should ask them what evidence there is that there is an act of gross misconduct within their own rules and procedure and say that at worst this could be deemed to be performance. You should say that if they do attempt to contrive a gross misconduct dismissal you will bring a claim for your notice pay in breach of contract / wrongful dismissal.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know? If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thankyou, you have backed up what I thought anyway from my research. I really don't know the thinking behind this allegation at all as it is completely unjustified and just seems to stem from how the Director has viewed the situation rather than any hard evidence. I am on my way to my hearing now so cross your fingers for me and many thanks again!
Expert:  Jenny replied 1 year ago.
I have my fingers crossed . Thanks.