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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50475
Experience:  Qualified Employment Solicitor
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I probably have a few questions on this subject over the

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Good Morning,I probably have a few questions on this subject over the next week or so.Someone I know was fired for gross misconduct and we feel it was unfair dismissal.First then this person was accused of internet usage over specific dates and was given a written warning for it where the work said they were satisfied at that time and she was being given an official warning. The way this was done was shady with her being jumped with usage reports wiggled in her face by her manager.They both signed this written warning. It was only a week later when this person thought about what happened and asked for a copy of that warning did she then get invited along to a disciplinary for that exact internet usage on the exact dates. This dispalinary led to the 'gross misconduct' and her being fired.She had already however been given a written warning for that accused usage, this was not a separate incident. At the time of the written warning it noted they were satisfied and then after she had the audacity to ask for a copy she gets a disciplinary, gross misconduct and fired.I have mu suspicions that her boss knows she carried out the written warning incorrectly and that there would be a complaint against her and she moved to preempt this.They have never removed that written warning.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has she worked at the company?

Customer: replied 8 days ago.
4 Years

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

I have not heard of a disciplinary outcome being increased from a warning to a dismissal just because the employee had asked for a copy of the warning. Usually, this would only happen If the person appeals the outcome and the employer then increases the penalty. However, in this case this was not even the case and without any plausible justification increased the outcome of the disciplinary.

There is case law which confirms that a disciplinary outcome should not be increased unless there is a contractual right to do so and any new evidence that has come out must be dealt with through a new disciplinary process.

More details here:

https://www.xperthr.co.uk/faq/can-a-disciplinary-sanction-be-increased-as-a-result-of-an-appeal-hearing/64080/

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