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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
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Gross misconduct dismissal: I was dismissed , but feel

Customer Question

Gross misconduct dismissal:
I was dismissed for GM, but feel this was too strong an action given the offence and circumstances.
After having been short paid for two months, I went to payroll to find out why, as they had promised to take care of the situation the previous month. During the discussion, which became heightened due to the interference of another employee, they told me it wasn't their fault as my manager should have approved it. I then said "bloody bitch", although not in an aggressive way. I had been under financial pressures at home and was now out of pocket for 2 months, so very frustrated at the situation, with no-one seeming to care.
I have been a very good employee (1 year and 3 months), had recently received a promotion and had no disciplinary problems.
The company has followed all proper hearings and I have made an appeal. I don't want my job back now, but would like to clear my name for the future,
How do I negotiate to get this result in the appeal meeting?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello when did the dismissal take place?
Customer: replied 1 year ago.
April 4, 2026
Customer: replied 1 year ago.
2016
Customer: replied 1 year ago.
They told me yesterday that the appeal hearing is on this coming Wednesday.
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Was the comment aimed at your manger and was she there when it was made?
Customer: replied 1 year ago.
Yes, it was. However, she wasn't present at the time.
Expert:  Ben Jones replied 1 year ago.
Did the employer rely on any policy in the workplace which states that such incidents can amount to GM?
Customer: replied 1 year ago.
Not that I have been made aware of.
Customer: replied 1 year ago.
The initial letter that was sent to me said that GM was a possibility, but did not give any specific evidence i.e. anything specific written in the terms of employment
Expert:  Ben Jones replied 1 year ago.
GM is generally accepted to be misconduct so serious as to justify summary dismissal of an employee. What constitutes gross misconduct may vary according to the particular circumstances of the employer and the work the employee is carrying out. Common examples are theft, fraud, physical violence, serious negligence or serious breach of health and safety regulations. When it comes to swearing, the context of the incident is very important. Was this a one off offence, which was provoked in some way and were there any mitigating circumstances? In this case it was one off, you were not being aggressive to anyone face to face and this was borne out of frustration and the difficult position you had been placed into because of it. So in this case the best thig would have been to discipline but to issue a formal warning that repeated issues like that will not be tolerated again. Treating this as GM considering it was a one off matter and because it was not directly aimed at the person you referred to, plus it was as a result of clear frustration should not have really made this into a GM issue. They could have still dismissed you because you were not protected against unfair dismissal but they should not have treated it as a GM dismissal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you, ***** ***** how I feel also.
Do you have any advice as to how I can negotiate at the appeal meeting so that I can get them to agree to give me a clear record or reference for the future? Do I have any grounds to threaten legal or tribunal action?
I will definitely do the rating for you.
Expert:  Ben Jones replied 1 year ago.
It is difficult to say how exactly to negotiate with them because it depends on the employer, and specifically on the people doing the appeal. You re after all dealing with people and it would depend on their understanding of this, the position they decide to adopt and how they feel they should deal with this. So it will vary from one case to another. In general, you should obviously raise the argument that this was not a serious enough occurrence to justify GM and that if needed you will have to challenge their decision further, which is done by claiming wrongful dismissal in the employment tribunal. Whilst you may not wish to go that far, the mention of this could prompt the to reconsider and just overturn the GM outcome to remove the stigma attached to it, even if you do not get your job back.
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK, thank you.
I will try to be conciliatory, as my goal is to get the GM reversed and I don't want my job back now anyways.
Expert:  Ben Jones replied 1 year ago.
You can always go through ACAS anyway - it is free and does not bind you to anything, like taking the matter further. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage
Customer: replied 1 year ago.
Thank you for your advice, it has helped me feel more confident now.
Have a good weekend.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best