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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49773
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son was dismissed misconduct on the grounds that

Customer Question

My son was dismissed for gross misconduct on the grounds that he had breached the communications policy of the company by doing external job searches and also usiing his work computer for accessing non work websites in worktime. He apologised sincerely ***** ***** dismissed. He has worked there for over 12 months and had passed his probation. He is appealing on the grounds that he would never do it again , that he had never intended to apply for other jobs and that other employees used the internet for personal use. Is this really gross misconduct?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long has he worked there?
Customer: replied 2 years ago.
Since October 27th 2014
Customer: replied 2 years ago.
Hello since October 27th 2014
Customer: replied 2 years ago.
Are you going to answer my question?
Customer: replied 2 years ago.
I am waiting for your advice
Expert:  Ben Jones replied 2 years 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. Whilst he may be able to try and argue that this was not gross misconduct, that would not overturn or prevent the dismissal. This is down to the fact that if he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice. So arguing that this was not gross misconduct will only mean that he may get his notice period but the dismissal could still stand and even if this was not gross misconduct they could have still dismissed him very easily because he did not meet the minimum criteria to be protected against unfair dismissal. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 2 years ago.
hELLO . Thank you for the answer but it was very delayed. Can you please respond to this question. My so is appeling against the decision but would it be worth him offering to resign if they still uphold the decision to dismiss for gross misconduct
Expert:  Ben Jones replied 2 years ago.
He has nothing to lose by doing this. The worst is the employer rejects this proposal and he is left in the same position he is now. The best is he is allowed to resign and avoid dismissal. He should try and make the option attractive to the employer, such as by mentioning that they would not have to waste time and resources investigating the issues and gong trough a formal disciplinary Hope this clarifies?
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.