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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6959
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have been sacked for Gross Misconduct for having banter

Resolved Question:

I have been sacked for Gross Misconduct for having banter with my fiance at the end of our work day 4 statements was taken from other work colleagues and all say that myself and my fiance are always messing about but they have still dissmisted me on the grounds of gross misconduct
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
Never been warned about my conduct before. Or messing around or having a joke with my fiance
Expert:  Michael Holly replied 1 month ago.

Dear *****

The employers response to any misconduct should be reasonable and proportionate.Given you have never received an oral or written warning about this to sack you for it is draconian and excessive.

How long have you been employed there?

Michael

Customer: replied 1 month ago.
1 year and 6 month I have worked there for. It was caught on cctv. No complaints were made. Only someone was watching the cameras back from the office and noticed it. My fiance has given a statement saying it's was purely a joke. Other statements also back up my fiances response to the allogation. To back up my side of the story but they're still going on gross misconduct. Is this right? I have only 5 days to put my appeal in. If any what grounds would I have?
Thanks
Expert:  Michael Holly replied 1 month ago.

Dear *****

You should appeal on the basis that the penalty of dismissal for gross misconduct is excessive given that you have never been disciplined for anything before.

Also it was your girlfriend who knows you rather than a complete stranger with whom whatever you did may be seen differently.

You should also point out that everyone else seems to have accepted it was a joke even if it might have been a bad one. As such it was a miscalculation on your part and not malicious, you deserve a second chance.

If there are any further points please reply I will be happy to respond.

kindly accept or rate my answer on the system so I get credit for my time.

Best regards

Michael

Customer: replied 1 month ago.
On the Cctv it dose look worse then what it was but I thought that gathering statements was to try and justify what they had seen but the statements say we are always messing about that's what myself and my fiance are like. Can they dismiss the statements and just go on what they have seen in CCTV and if so can they still sack me for Gross Misconduct
Expert:  Michael Holly replied 1 month ago.

Direct evidence from people should be given more weight than the CCTV film because film can give a distorted view.

The question is even if they accept the statements can they dismiss you for mucking about and the answer to that is that it would be too harsh as you have never been warned about your behaviour.

You need to use the appeal process. If they do dismiss, you cannot claim unfair dismissal as you have not been there for 2 years or more but you could claim wrongful dismissal for the monies you would have received during your notice period under the contract.

Best wishes

Michael

Customer: replied 1 month ago.
could you give me any advise as how to represent an appeal? I have 5 days from yesterday to write one up. Could you give me some Bullet points that I could put in or some wording I could use in my appeal? As I strongly agree I deserve a second chance. I have mucked about but I am also innocent and they're just judging on what they have seen on CCTV.
Expert:  Michael Holly replied 1 month ago.

Here we are

1. The penalty is too severe , you have never been in trouble at work before and a warning would have been fairer and more appropriate.

2. It involved your girlfriend and not a stranger which means it is not as bad as it looks

3. The film is not as accurate as the statements of your colleagues who regarded it as mucking about rather than misconduct

4. Your actions were not malicious , it was a miscalculation , a bad joke

Make sure you apologise in your appeal for the problems this ha created , promise that you have learnt from the experience and ask for another chance to show your worth to them.

Best regards

Michael

Customer: replied 1 month ago.
Sorry for tbe late responseWould there be anything else that I could do if they knock my appeal back and who would you advise to take in with me as I am not in a unionThanks
Expert:  Michael Holly replied 1 month ago.

You can consider suing for wrongful dismissal but as explained above your claim would be limited to any loss of notice period.

I would take someone, usually a fellow employee , to the appeal hearing.

Michael

Customer: replied 1 month ago.
I have been suspended with full pay so could I still sue for wrongful dismissal
Expert:  Michael Holly replied 1 month ago.

Only if for any notice period under your contract if they do not pay that.

Michael

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