Pay after gross misconduct.

[TheBestForLast]

Can someone please explain what I am owed after gross misconduct. Very unfair how it was done and I was vulnerable at the time. But this has happened and I want to know what I am owed. At the company 3 months without taking a day off and worked at the beginning a week in hand. What am I rightfully owed?

You will be entitled to be paid for the hours worked (if you are hourly paid)

Have you been sacked?

You should be paid for the hours you have worked.

My understanding is that if you’re sacked for gross misconduct the employer can immediately terminate your contract with no further pay due.

For gross misconduct, you are usually suspended with pay until your disciplinary meeting and then you're employment is often terminated at the end of the meeting.

If that is what happened then you are owed the pay for the hours you worked, plus the time off on suspension with pay (contracted hours only during that time). Nothing from the point of termination.

If you were suspended without pay then you're only owed the pay for the hours you worked up until the day you were suspended.

Have you been sacked for gross misconduct. Have you been working 7 days a week since you started there?

Were you dismissed? Or summarily dismissed?

Summary dismissal would mean that you would not be paid in lieu of notice.

But you should be paid for the hours you worked.

This.

You are entitled to payment for work up to the point of dismissal and any accrued holiday pay to that point. Nothing more. Notice pay is not due on gross misconduct.

Unless you owe the employer anything, in which case those deductions may be made. If there is a question of these, you'd need to explain the deductions before anyone could explain whether they are lawful or not.

Have you not been paid in 3 months?

Think you'll also be owed whatever holiday you have accrued over the 3 months - depends on your holiday entitlement. But if you are entitled to 5.6 weeks in a year, and you've worked 3/12 of the year, you would be entitled to 5.6/4=1.4 weeks holiday pay. Assuming you've had no days off, including Bank Holidays. If you're paid weekly you'll need to work it out as how many weeks you've worked and divide by 52 weeks not 12 months.

I forgot to mention holiday pay. That too. Any accrued holiday should be paid to you too.

Yes sacked in probationary period but I've not been paid the week in hand I worked or any holidays due.

I'm not the first and won't be the last and it's unfair what happened. I just want to know what I am rightfully owed.

So I am owed the week in hand at least?

Did you work for a car dealership?

Oh yeah, holiday pay would be owed too.

Only holiday accrued though so unlikely to be much after 3 months and will depend surely on T&Cs of your probation.

What sort of contract are you on and industry? Without two years you're shafted anyway.

Thanks for all your replies.

What on earth did you do? Gross conduct is extremely serious. Maybe you should sort out what the heck your behaviour is and ajust it. Look at counselling.
If you did nothing wrong then it is wrongful dismissal

Meant gross misconduct

Gross misconduct can be as simple as getting a procedure wrong; not following your training and it results in consequences for the business.
It can be using company computers for personal business.
It could be writing/saying something nasty about a client/customer and it accidentally being seen/heard by the client.

It isn't always something dramatic. I worked in a mental health charity and people were fired for gross misconduct for not following correct procedure, because the red tape of correct procedure placed limitations on what help could be given, when action was needed right then and not when procedure allowed. The system wouldn't work if everyone treated every case like that. Procedure was necessary. Breaking it was gross misconduct. But I completely understand why people did it anyway.