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Original poster

Dismissal for gross misconduct

101 replies

JinJin · 26/07/2015 18:13

Hi, my daughter aged 25 - a graduate with a masters started on a graduate training scheme with a big company 5 months ago. A dream job, company car etc. Lots of travel within UK. She got two speeding tickets whilst travelling for work and was offered a speed awareness course in lieu of points. She took the course (unbeknownst to us or her employers) on a working day. When asked to explain her whereabouts later on, she lied and said that she had been working from home. Most of the team do work from home at least one day a week. She was found out in her lie; and dismissed for 'gross misconduct'.
I totally know she was wrong. She does too. But this label of 'gross misconduct' will follow her throughout her life. She has not committed a criminal offence.
Has anyone any advice?

OP posts:
CamelHump · 26/07/2015 19:40

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HermioneWeasley · 26/07/2015 19:41

Agree, it would be classed as gross misconduct in most organisations.

I guess she's got nothing to lose by appealing and throwing herself on their mercy - explaining she was embarrassed, worried, made the time up so the company didn't lose out, she's learned her lesson etc.

CamelHump · 26/07/2015 19:41

This reply has been deleted

Message withdrawn at poster's request.

NotJustaPotforSoup · 26/07/2015 19:42

It's not about the speeding.

flowery · 26/07/2015 19:44

Gross misconduct is not extreme. Her employers were paying her expecting and assuming she was at work. She was not, she went effectively AWOL and lied about it.

You are focusing on the wrong thing. Don't downplay it or make out her employer are being unreasonable, they are not. Instead, focus on how to get through the hurdle of getting another job. In a couple of years, a 5 month job will be irrelevant.

There has been some good advice about overcoming the hurdle to getting the next job. Pass that on to your daughter and do her a favour by not giving her any impression that her employer was over-harsh. I know my parents wouldn't. In fact if this had been me I wouldn't have told my parents because of the reaction I would have got from them!

NerrSnerr · 26/07/2015 19:45

Camel-it's not about speeding, it's about her saying she was working from home when she wasn't.

sebsmummy1 · 26/07/2015 19:54

I think she needs to try and look outside of the box now with regard to her next job and let this 'mistake' fade away into her past. Could she look at some opportunities abroad somewhere I wonder? Think about a different kind of job, perhaps a stepping stone in regard to her employment so she can get herself an excellent reference and then lose the five months job completely off her CV (in this case five months is actually in her favour as it could disappear without a massive explanation being needed.

Look, she did wrong, it was a bloody stupid thing to do and it's bitten her arse hard BUT she has t killed anyone, people who do time are allowed back into society and to resume a working life.

You need to get your heads together and come up with a new plan and get her career back on track again.

mrsnoon · 26/07/2015 20:02

Rather an honest shelf stacker than an unemployed liar.

CamelHump · 26/07/2015 20:04

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Message withdrawn at poster's request.

bittapitta · 26/07/2015 20:13

She is 25, not 17 - she should have known better. She is not too young or inexperienced in the ways of the world for this to have been a naive decision.

Poor her, she'll find something else, and stop soothing her bruised ego by telling her you agree how it's SO UNFAIR.

Original poster
JinJin · 26/07/2015 20:19

Ok thanks everyone. Just to be clear she only booked a half day off - so not stealing time. Of course I am defensive! Some of you have been sympathetic but honest - thank you. End of conversation.

OP posts:
LIZS · 26/07/2015 20:24

Are you saying she did prearrange half a day's leave to cover the course?

HermioneWeasley · 26/07/2015 20:27

I thought you said lied about working from home? Why would she do that if she'd booked annual leave? Confused

SmokingGun · 26/07/2015 20:32

I'm confused now, if she booked holiday then what's the issue? The course is only a half day course. Unless it was very far from her and she was out for a full day but only booked a half day as leave?

sooperdooper · 26/07/2015 20:34

When asked to explain her whereabouts later on, she lied and said that she had been working from home

Why would she have been asked about her whereabouts and then lied as you said in your OP if she'd actually booked a half day leave? Confused

bittapitta · 26/07/2015 20:34

Eh? Drip feed/change of story at 20.19 OP!

NerrSnerr · 26/07/2015 20:35

Did the course take longer than the time she booked off?

Original poster
JinJin · 26/07/2015 20:36

No, I should have said logged a half day as working from home

OP posts:
CamelHump · 26/07/2015 20:37

This reply has been deleted

Message withdrawn at poster's request.

NerrSnerr · 26/07/2015 20:39

Oh then that makes no difference, it doesn't matter if she made the time up later in the day. Her bosses thought she was working from home and she wasn't.

LIZS · 26/07/2015 20:40

So they would have assumed she was working elsewhere when in fact she was on the course?

LIZS · 26/07/2015 20:41

Or was she in the office for part of that day , then went awol instead of wfh?

SmokingGun · 26/07/2015 20:42

I'm so confused right now. Did she book half days as AL and then did the other half day WFH or did she say she was WFH for half and then went to the course and into the office later? Confused

Blu · 26/07/2015 20:42

It sounds as if she booked half a day off and was doing some self-managed flexi working from home for the other half.

Speeding is a criminal offence, but if it is dealt with by a fixed penalty it doesn't count as a criminal conviction, so won't show up on a DBS at this level.

if she does feel mitigating circumstances were not taken into consideration, it is worth appealing. And it may well be worth begging to be allowed to retrospectively resign - possibly while an appeal is pending - if her employer has provision for an appeal in their disciplinary procedures? has she studied the policy?

redbinneo · 26/07/2015 20:44

25 years old, a masters, and she's still stupid enough to lie to her employers. Her history of speeding is a danger sign in itself. Why would anyone actually want to employ this woman?