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: 46170
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

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: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello when did the dismissal take place?
Customer: replied 11 months ago.
April 4, 2026
Customer: replied 11 months ago.
2016
Customer: replied 11 months ago.
They told me yesterday that the appeal hearing is on this coming Wednesday.
Expert:  Ben Jones replied 11 months 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 11 months ago.
Yes, it was. However, she wasn't present at the time.
Expert:  Ben Jones replied 11 months ago.
Did the employer rely on any policy in the workplace which states that such incidents can amount to GM?
Customer: replied 11 months ago.
Not that I have been made aware of.
Customer: replied 11 months 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 11 months 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 11 months 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 11 months 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, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months 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 11 months 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 11 months ago.
Thank you for your advice, it has helped me feel more confident now.
Have a good weekend.
Expert:  Ben Jones replied 11 months ago.
You are welcome, all the best

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
 
 
 

Related Law Questions