Is this gross misconduct?

[Manifestsleep]

I have a friend who has just been dismissed from their job after only 3 weeks. They were given 2 weeks pay as a notice period but they want to appeal. From what I understand they did something dangerous in front of the customer at the customers premises (think standing on top of balanced furniture to fit something rather than using a ladder). The customer complained to the company about unsafe practices and have said they don't want to use them again. However, friend has said that they didn't provide her with health and safety training or policy so they are being unreasonable to dismiss her. I didn't really know what to say. It's wrong that the company didn't provide the policy and they are definitely derelict in their duty but my friend is also very experienced and surely knows that this is generally just very unsafe behaviour without having to be told?

Does she have grounds for appeal or can they just sack her?

They don’t have a leg to stand on as they’ve not been there 2 years.

After just a few weeks they can sack her for anything, and yes the should provide training but health and safety in the work place is everyone’s responsibility and she should have used basic common sense. They sound quite fair giving her paid notice.

To be honest I think not standing on unbalanced furniture is common sense and you shouldn't need to be told that

You don’t need health and safety training to know not to stand on furniture in the workplace, surely?

They absolutely can just sack her after 3 weeks, yes.

Given the context of what the OP says they’ve done, this wording made me laugh a lot!

She needs to learn a lesson and move on quietly. She has no rights in this situation, and really should have more common sense anyway. She has been lucky they are paying 2 weeks notice as her contract may only specify 1 week.

If the employee asks what date they were signed off on the health and safety then hr would need to confirm that there is no formal record of the training. But they could let someone go with no reason if it’s only been 3 weeks so it probably won’t go anywhere even if your friend does do that

After only 3 weeks she has absolutely nothing here, she’s lucky she’s getting 2 weeks notice pay

Did something stupid and lost the company a customer. Do they expect a medal?

Thank you for the responses. This was kind of my thoughts which is why I was a bit miffed when she was telling me about it but wondered if I was being unreasonable.

In probation period your friend has no rights. Your friend also sounds incredibly stupid.

If she's very experienced they obviously thought she wouldn't have to be told not to do something so unsafe.

Did she actually stand on the customer's furniture?

Friend has no protected rights that stop her from being dismissed before 2 years. So no "appeal" is available and paid notice is quite good outcome in the circumstances where she ought to have known better.

However if the employer was expecting her to carry out fittings with no form of training, even basic instructions about equipment to be used, that is poor of them. (Are you sure she wasn't jumping the gun though?) I suppose if she was sly she could say she feels so concerned about the lack of training she will self-notify to HSE and see if they offer an enhanced exit payment to keep her trap shut. But to be honest she ought to be grateful for 2 weeks pay and (presumably) a basic reference.

Regardless of training an employee has a duty of care to themself. By standing on furniture rather than a ladder she didn't comply with her statutory duty.

Health and Safety at Work etc. Act 1974
Part I
General duties
Section 7

7 General duties of employees at work.
It shall be the duty of every employee while at work—
(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

(b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

I suppose rather than standing on a leg, she should have used a ladder. It was leg standing that got her into this mess!

If this is part of their job they should have had relevant h and s training such as for working at height or lifting. However that just means they can refuse tasks they are not adequately trained for not improvise or be unsafe. As they are under two years’ service they can be dismissed for no specific reason.

So she stood on the customers furniture while trying to do something at a higher level? Never mind Health and safety - what a very rude thing to do to the customers furniture, in their own home! Not at all surprised the customer complained. I'd have been absolutely furious.

Not surprised she has been given the sack either. No point in appealing. They can dismiss for any reason after only 3 weeks in the job - and while there is also the H&S training, which didn't happen, it's completely understandable that they don't want someone working for them who has such a cavaliere attitude to their customers. Surely she can understand that?

🤦‍♀️. I didn’t even realise ha ha ha

You don’t need training to know that you don’t stand on furniture, especially when you’re in someone else’s house in a professional capacity.

Spot on, @Boiledbeetle.

Also a respondent at tribunal might argue that using a ladder properly is a judicially noticeable fact and additionally or in the alternate res ipsa loquitur - i.e. common sense and blatantly bloody obvious.

(If only Big Sond had applied this to a certain case and a certain fragrant respondent, eh?)

Under 2 years. You can get fired for almost anything apart from discrimination. It astounds me that people still think they can argue this.

yes, although this is going to change from January next year (for employees who started from June 2026) under the Employment Right Act 2025. The qualifying period will be 6 months. Considering tribunals already have a 1 - 2 year back log this will have quite an impact!

Your friend can't be that stupid to realise that standing on unbalanced furniture to reach something, is the correct procedure?! No one needs H&S training to know this! It's basic common sense.

Not only did she stand on unbalanced furniture, she did it on the customers premises! Did she ask the customer for a ladder? Did the customer just watch as she stood on unbalanced furniture or did your friend stand on the furniture and the customer walked in on her doing so? The fact the customer complained suggests that your friend stood on the furniture and was walked in on, whilst doing so. Your friend was dismissed because she used unsafe practices, that has resulted in the company losing a customer.

Your friend is to blame here. She wants to be thankful they paid for her 2 weeks.

Unfortunately they can just sack her after 3 weeks but does sound harsh.
I would expect her manager to talk to her about it and provide training.
They must be cross about losing a customer but should have provided health and safety training and policies as part of the induction process so they are in the wrong too imo .
But sadly your friend wont get anywhere with a complaint/ unfair dismissal after 3 weeks of employment.

She's not got a leg to stand on, wasting her time.