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DH sacked for Gross Misconduct

(19 Posts)
Shosha1 Mon 15-Jul-19 18:07:31

DH today has been sacked today.
He has worked for the company for 15 months.

Don’t want to be too outing and state what job it was.

Reasons for GM is that they are saying he lied about experience in one part of his job at his initial interview.

His lack of experience ( after doing the job, without incident for 15 months) has caused this week some damage to a vehicle

He has said he did not. Manager is saying that she has nothing in her notes to say he told her he was inexperienced in that part of the job.

His CV does not state he has experience in it. Just that he has the qualification.

He has not had any previous warnings about his work.

In previous employment his appraisals have all been glowing.

Are they allowed to do this ?

Scarletoharaseyebrows Mon 15-Jul-19 18:10:48

You can be dismissed without reason under 2 years employment. Barring discrimination.

NerrSnerr Mon 15-Jul-19 18:11:53

Was being experienced in that area 'essential' on the job description?

AnchorDownDeepBreath Mon 15-Jul-19 18:12:22

If he's only been employed for 15 months, I don't think he has much employment protection yet - it tends to kick in around 24 months.

It would be strange to have a qualification in something that you have no experience in, if it's something practical like driving. Does he remember explaining that to them? I think that would definitely have been questioned at interview.

I am sorry, this must feel brutal.

Shosha1 Mon 15-Jul-19 18:18:02

DH says he was asked and told them he hadn’t had much experience on that type of vehicle.

NorthEndGal Mon 15-Jul-19 18:19:00

If it is something they need him to have experience in, they should have asked if he had it, at the interview.

Shosha1 Mon 15-Jul-19 18:20:50

He said he felt like criminal. Was asked into the office at 2 o’clock.
Had no idea what was coming.

Was told he was being sacked. Told why they were sacking him and escorted off the site.

No warning what’s so ever

Shosha1 Mon 15-Jul-19 18:21:39

To make it worse. The Company head hunted him !

RebootYourEngine Mon 15-Jul-19 18:21:57

Because he has been employed with them for under two years they are within their rights to sack him.

Passthecherrycoke Mon 15-Jul-19 18:23:17

I really feel for you and your DH, how awful for you both. Hope he finds something else soon

Shosha1 Mon 15-Jul-19 18:28:26

Do they have the right to sack him under the heading Gross Misconduct tho !

He is really worried that going for another job that will be on his record!

Passthecherrycoke Mon 15-Jul-19 18:35:12

There isn’t really anything you can do about that as other posters have said, but he needs to ask what the situation is with his reference.

He doesn’t have a “record” as such-
Not one that anyone but This company will be- if they aren’t going to offer a neutral reference then does DH have other referees he can use?

Passthecherrycoke Mon 15-Jul-19 18:35:52

Sorry that should say he doesn’t have a record as such- not one that anyone but this company can see.

BernadetteRostankowskiWolowitz Mon 15-Jul-19 18:39:28

Was experience essential?

When he was asked to drive this (presume) machine, did he do it knowing he was inexperienced? Why didn't he just say "I will need training on this particular model" or similar.

Oblomov19 Mon 15-Jul-19 19:02:01

Sympathies. It's feels like an 'Employers market' when this kind of thing happens, because you feel so powerless.

MrsGrindah Mon 15-Jul-19 19:05:46

The company policy should state what constitutes gross misconduct. And yes they can and should do it without warning and escort him off site etc. They can’t risk repercussions eg him going berserk, telling customers before it happened etc. People react in different ways..not saying he would!

flowery Mon 15-Jul-19 20:21:07

They can dismiss him easily, with notice, because he can’t claim unfair dismissal.

But if they are dismissing him without notice (as gross misconduct usually is) then that could be wrongful dismissal, unless they’ve been through a reasonable process and can justify the summary dismissal. Wrongful dismissal can be claimed at any time and is usually when someone isn’t given their contractual/statutory notice.

If he had no hearing, no chance to put his side across or anything, then if they’ve sacked him without notice or pay in lieu of notice there is a potential wrongful dismissal claim.

Progged22 Mon 15-Jul-19 20:35:59

I know someone who went through a similar experience where boss accused them of lying on CV.

This is slander and libellous . the person I know did leave because they hated it there anyway ,and got some severance pay etc , but did not let that accusations lie.

They complained about the accusation formally , and stated , categorically , that their CV was factual.HR was very quick to say that they agreed that the CV was factual and that the boss was wrong to suggest otherwise

If he doesn’t have grounds to challenge the dismissal , he may have grounds to challenge the excuse given , ie their claim that he lied on his CV as being a lie , damaging , libellous slander etc .

I’m not an expert but don’t accept someone pissing on his true CV . That’s a disgrace . If he didn’t lie , make it clear he didn’t lie and make them take that back .

I’m not a lawyer , but i suggest he gets one .

I know someone who has taken legal action against an employer who sacked her and she hasn’t worked for for two years yet , it was discrimination and she did get a settlement , but the settlement was about the same as the legal costs .

Some food for thought , get legal advice and tell him he will find another job . Of course he will . People have had much worse happen and still get a new job .

Progged22 Mon 15-Jul-19 20:37:16

Sorry .. *it wasn’t discrimination

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