Gross misconduct

[DJPunkRoc]

There was a top, top barrister (and ex Royal Navy Commander) on here about 10 years ago Jonathan Dingle (yes I know) he specialised in employment law.

JD is in fact one of the best blokes I’ve ever met. I’m not sure he’d say he was employment law, maybe medical negligence. It wouldn’t surprise me if he was both. He is, without doubt, a great human and wouldn’t overstep his competency faw shaw.

[Fido]

This won't help your case at all but this did happen to me at the age of 22 in my first job after uni. The company I worked for sent us to their big annual symposium in Cannes. Long hours every day looking after self-contented wankers but the sun was out and we were put up in nice hotels near to the Croisette. 

Anyway, on about the third or fourth night they took us out for a night out. Went to a restaurant then an Irish bar where I remember taking on a couple of the sales team in necking a Stein of Guinness and won, a few times. Pints turned into shots and then went to a club thereafter. Got friendly with a girl who'd come over from LA (divorcee and a few year older than me but was a sweet-looking lass) and everything was going swimmingly. Later on in the evening there was a fella who kept coming up to her and was making himself a bit of a pest. I sort of recollect leaving it for a bit but she was was getting agitated so I took him by the neck and told him I'd chuck him through the window or words to that effect. Not like me at all after a few drinks but it was all getting too much. Anyway, sun was just about come up and we went back to her hotel and had a great time. 

I suppose I woke up about 7am and had to be at work at 7.30 so scampered back to my hotel, threw myself in the shower, changed clothes and ran down to the venue. I must have stunk of booze but saw the girl again and we'd arranged to meet up and go for a meal the following night. Later that day I was taken to one side and was told I was booked on the next flight out from Nice. Got my stuff together an when I got back to the UK was told I'd been fired on grounds of gross misconduct. When it comes down to it I probably didn't have too many legs to stand on but it transpires that the fella who'd effectively been sexually harassing the girl was their biggest customer in the UK. The same night two of the sales reps of the company had a full on fist fight in the same bar and a window was put through and they both kept their jobs.

I felt gutted about the whole event, more to be honest about not being able to spend another night with the girl I'd met but it felt like a complete injustice. Saying that I never mentioned it in another interview and other people I worked with gave me a decent reference so no further investigation took place. If it is the case that it's unfounded I hope they fight it as far as they can otherwise they'll always regret not doing so.

[DJPunkRoc]

Better to negotiate a positive reference and walk than fight it imo. Like others, I wouldn’t worry over time - but I, an experienced recruiter, take latest references seriously. Neutrality is a warning sign. Would you commit £50k a year of your own money based upon a one hour chit chat?

Sorry if that’s not what you want to hear - but even some people in the public sector don’t fuck about. Unfortunately even if you sue and win it’s a black mark. Find a neutral path imo

[Black Lake Victoria]

There was a top, top barrister (and ex Royal Navy Commander) on here about 10 years ago Jonathan Dingle (yes I know) he specialised in employment law.

JD is in fact one of the best blokes I’ve ever met. I’m not sure he’d say he was employment law, maybe medical negligence. It wouldn’t surprise me if he was both. He is, without doubt, a great human and wouldn’t overstep his competency faw shaw.

Yes couldn't agree more; Jonathan had the HR department of the company I worked at begging to pay compensation to me. He got in touch with me after seeing my post (both of us being ex Royal Navy) on this dump asking for advice.

[HugeHons]

I’m sure they won’t follow proper procedures and he can take them to the cleaners at a tribunal.A good friend of mine is also a Employment Solicitor and when he helped me out he said most companies he’s had to deal with over the years are run by idiots that have no clue of the law. He predicted everything that would follow in my case and was spot on.
Hopefully it will work out for your mate.

[MancBaggie]

A relative is facing a disciplinary hearing and the company have strongly telegraphed that they are seeking an outcome of gross misconduct + sacking.

They really aren't substantial accusations (I've seen them) and the union rep described it as a sham, but the company are downsizing and seem to want my relative out. 

Has anyone been through this? More importantly, how did you find it getting employment afterwards?

PM me if you need an employment lawyer mon. Will speak to a co partner

[Kit Kat Chunky]

I’m sure they won’t follow proper procedures and he can take them to the cleaners at a tribunal.A good friend of mine is also a Employment Solicitor and when he helped me out he said most companies he’s had to deal with over the years are run by idiots that have no clue of the law. He predicted everything that would follow in my case and was spot on.
Hopefully it will work out for your mate.

I was removed without proper procedure once, although they jazzed it up as Redundancy.

They shelled out a few more quid rather than risk the negative publicity and likely outcome of a tribunal.

[Baggeridgebaggy]

Best advice I ever had was from my wife’s lovely niece... a potentially very frightening thing for employers

Read about GDPR & involve a solicitor ....

[HugeHons]

I’m sure they won’t follow proper procedures and he can take them to the cleaners at a tribunal.A good friend of mine is also a Employment Solicitor and when he helped me out he said most companies he’s had to deal with over the years are run by idiots that have no clue of the law. He predicted everything that would follow in my case and was spot on.
Hopefully it will work out for your mate.

I was removed without proper procedure once, although they jazzed it up as Redundancy.

They shelled out a few more quid rather than risk the negative publicity and likely outcome of a tribunal.

Exactly that.He told me things rarely reach tribunal because the employer usually coughs up! Happened in my case too.

[Atomic]

I’m sure they won’t follow proper procedures and he can take them to the cleaners at a tribunal.A good friend of mine is also a Employment Solicitor and when he helped me out he said most companies he’s had to deal with over the years are run by idiots that have no clue of the law. He predicted everything that would follow in my case and was spot on.
Hopefully it will work out for your mate.

I was removed without proper procedure once, although they jazzed it up as Redundancy.

They shelled out a few more quid rather than risk the negative publicity and likely outcome of a tribunal.

Exactly that.He told me things rarely reach tribunal because the employer usually coughs up! Happened in my case too.

Yep this.

They don't follow procedure and they know they have no solid grounds therefore they rarely allow it to go to tribunal.

However, that's not good enough, or at least it shouldn't be. If they dont have solid evidence the people that court these disciplinaries should face disciplinary procedures themselves.

It's not a game, its peoples lives they are messing with. 

Needs a complete reform.