Gross misconduct(6 Posts)
So, help me. DH has been sacked. He's had some issues with one of the managers were he works lately. She's a bit up herself and humiliated DH in front of everyone at work by shouting at him for simply using a nice word towards her. People heard it and was shocked. DH puta grievance in after this incident and as if by magic the grievance disappeared off the system. A few days later DH vented his frustrations to his work mates at work and on the same day one of them went to Another manager and made accusations against DH that would suggest he used discrimatory words. DH denies this. They suspended DH immediately. They then didn't interview any witnesses until the next day. All the witnesses sit close together and are friends outside of the work place so could have communicated. The next day at interviews. Two of the witnesses said similar stories but not exactly the same and the one who made the accusation in the first place quoted DH but in the same sentence said she couldn't be sure what his exact words were. They also got statement from others about DH general mood of late at work. DH had asked them to look into the grievance he had made to which it had gone and he also asked them to ask a witness about one of the managers humiliating him that time. They didn't get any witness statements from anyone asked. They sacked him a couple of weeks later based on gross misconduct and also said They had to sack him anyway as they couldn't put him back in the same room as his accusers.
My question is do we have good grounds to appeal?
Your best bet is to contact ACAS. Or his union of he's in one.
And if I was him, get job hunting asap, because it sounds like an unhealthy work environment anyhow.
It’s not clear but it sounds like they have several witnesses saying he used discriminatory language, is that right?
He could certainly appeal but if there are several people saying he used that language it’s not that likely he’d be successful I don’t think.
Witnesses often change their stories, they say one thing but usually stick up for the boss. They don't want to lose their jobs. If you did appeal what would you want, does he want to go back there to work. Is it in the UK, Is it a large company. It sounds like a very childish and unprofessional workplace. Did he use racist language.
Greeneyed your DH needs to think about what he wants the outcome of any Appeal to be.
It sounds like the whole work relationship has completely collapsed, with staff, colleagues and management united in their belief that he hasn't behaved well.
Him venting frustration to a colleague about the situation has not helped his cause (he would have been better keeping his head down, getting on with his work and not trying to stir things up even more). He will probably find that people feel uncomfortable around him and won't be willing to put up any defence as they will protect their position first and foremost.
Would he want to go back to this hostile environment where he has no support from anyone?
Probably no, best to move forward.
Has he worked there for less than 2 years? If so his employment rights are limited. He should, even so, be treated according to his contract of employment, so they should pay him whatever notice period he is due, plus holiday pay and any contractual payments. If they have walked him off-site, then he needs to ensure they have complied fully with their Disciplinary Policy and Procedure and met their contractual obligations.
Join the discussion
Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.Register now »
Already registered? Log in with:
Please login first.