Can I get fired for this?

[canigetfiredforthis]

Please be kind I'm extremely stressed right now.

I started a job in relatively senior position to be told 5 weeks later I was at risk of redundancy (no fault of my own). I've been extremely stressed due to this as I was at the last place for a very long time.

Anyway I stupidly sent an email to my boss late one night (drinks had been consumed) basically saying there are loads of issues and you've messed me about massively basically. No swearing and not abusive in any way.

I recalled the message soon after I'd sent it but obviously unsuccessfully.

Anyway now they are saying they are going to fire me for gross misconduct! Can they do this?

If you haven’t been there 2 years they can just fire you
I wouldn’t blame them either

With no notice?

Absolutely, without notice.

Job hunt! You have to anyway. How stressful for you.

Depends on the content of the Email but possibly it could be construed as gross misconduct.

As you have only worked there for a few weeks they don't even need to dismiss you. They can just give you notice and say goodbye.

Obviously no need to be this rude, but yes if you've worked somewhere for less then 2 years they can remove you for pretty much any reason other than out right discrimination and even that is hard to prove.

Yes I am already. I am not working anyway just last few days before redundancy.

Surely though if it's just 'for any reason' then they would need to pay agreed notice period?
Or is that not the case?

What kind of content would be gross dismissal?

I wouldn't fire someone for this, unless perhaps the message was really abusive. However, they can sack you pretty much at will with such short service, unfortunately.

They have said if I forfeit my notice they will put reason for leaving at 'resignation' rather than 'dismissal' if I resign immediately. If this the best course of action if I don't have a leg to stand on?

It’s probably a good idea to resign

Do you think they are using this as an excuse to not pay what they owe you?
Thats shitty but you have kind of given them an open goal

I think you've been offered a way to jump before you were pushed. Not ideal but as you are leaving anyway I wouldn't worry too much. It's easy to beat yourself up but unless the content of the email was aggressive/sweary/rude I don't think you've necessarily done anything wrong.

After 5 weeks they can fire you for whatever they want as long as its not because of a protected characteristic and you have just saved them a load of faff and paperwork making you redundant.

Anyway I stupidly sent an email to my boss late one night (drinks had been consumed)

Wow, and you still think you deserve their respect? Seriously.

You may wish to consider whether you even want to put this job on your CV, considering you had a longer time in your previous employment. 5 weeks is not a massive gap in the grand scheme of things, so whether they write dismissal or resignation would be irrelevant but maybe would secure you pay for your notice period?

Yes, probably.

You're about to be made redundant in any case. Better to jump than be pushed. It doesn't sound like you have much to lose either way.

Sorry but you shot yourself here. I'd resign, you don't have a leg to stand on at all. They are actually being very generous offering this

Your best option is to resign, so you don't have a dismissal on your work record.

I'm with @PuffedWheat, take what you can get in terms of pay and don't mention this job on your CV.

This is horrible and no fault of yours. You gave up a good position to work in this company and they make you redundant 5 weeks later, poor show, I’m not surprised you’re annoyed

My notice period pay is not an insignificant amount. I would be happy to resign but don't want to forfeit my whole notice as I don't believe what I have done to be gross misconduct. Would they not have to say/prove it's gross misconduct to dismiss without notice?

I get what you are saying but if you do ever need a reference from this company it could legitimately say that you were dismissed for gross misconduct.
That could be more costly

Yes ok. Is it gross misconduct though? I thought gross misconduct was violence / fraud and causing damage to the company.

There has been no hard done and I have not been rude or abusive, used bad language etc.

Does your employer have a handbook which states examples of what they consider to be gross misconduct? Or does it state it in your contract or T&Cs?

Gross misconduct is usually theft, physical violence, gross neglect or serious insubordination. If your email wasn't abusive; there was no swearing; and you took steps to re-tract it, I think them suggesting it is gross misconduct is a stretch.

I would not resign. I'd tell them that if they dismiss you for gross misconduct you will appeal against that decision (follow your employer's disciplinary procedure appeal process); and, if the appeal is not successful, you will then bring an employment tribunal claim for wrongful dismissal.

You don't have sufficient service to bring a claim for unfair dismissal (you need 2 years' service for that), but you don't need any specific length of service to bring a claim for wrongful dismissal, which is for dismissing someone without giving the notice period/notice pay that you're entitled to.

If it got to tribunal, I think a tribunal would be sympathetic to someone who behaved out of character after being told 5 weeks after joining their role was at risk of redundancy.

I also wouldn't worry too much about them saying they'll call it a dismissal if you refuse to resign. If I were you and I were in an interview and they asked why I'd left my previous employer, I'd tell them what you've said here. Most people would understand that it's extremely stressful to be told you're at risk of redundancy just 5 weeks after starting. You didn't steal, you weren't physically violent, you weren't grossly negligent - you were just understandably upset and stressed.