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?

I interviewed a woman many years ago who had been with an employer for nearly fifteen years. She was persuaded by a significant pay rise to move to a competitor which went into administration a fortnight after she started.
The company that she moved to were desperately trying to raise finance to stay afloat and went through the motions to hire someone they would never actually pay to avoid other staff being suspicious.
She was an excellent worker and stayed with my company for six or seven years.

I'm assuming they'll find something in the handbook - insubordination, or, did you log on to their server after hours after a few drinks to send it?

The word here is RISK of redundancy. Why would any go through the expense of a hiring campaign knowing the role will shortly be made redundant.

You've shot yourself in the foot really. You know you're not entitled to a redundancy package, and you know after only 5 weeks and emailing the boss after hours pissed is very likely going to make you look like a loose cannon at least.

Did you log onto your work email after hours to vent your frustration? There may well be something about that in the handbook.

Start job searching, don't put this one on your CV. Fight it all you like, I very much doubt that a tribunal will find in your favour.

Start working on reasons as to why you left your previous long term employment.

Even if it's not foul language, if you accused someone to their face of being dishonest, criminal, or something similarly serious, then I can easily see such an accusation being upheld as gross misconduct.

Stop listening to shitty advice on here with no HR or legal background.

Do not forfeit your notice pay. If the email you sent was fair and not rude, to be GM they’d need to do an investigation. It’s unlikely (if you’ve told us everything) this would meet the threshold. They can say they will put resignation and still go back on it because no SA has been signed (which requires a lawyer).

DO NOT BACK DOWN!

I don't know about the law and HR etc, but purely from a workplace politics / tactical perspective I agree with this approach. All you did was open a dialogue about pre-existing issues at management level which is well within your rights. Do they fire every employee that raises concerns?

Don't tell them you'd been drinking or that you were feeling emotional when you sent it, that undermines you. If it's too late for that play it down massively and, if you have to, twist it to accuse them of attempting to damage your reputation with accusations of you having a drink problem. Say this is emblematic of the sort of management issues that need to be addressed.

Stick to your guns. They won't want the headache of dealing with someone who will put up a fight.

I'm confused by this; if you were at risk of redundancy, how are you now being dismissed for sending this one email? Unless I've missed something major, it doesn't sound like the email was that bad, given the circumstances.

Also it's worth double checking your notice period while still in your probation period; at places I have worked at a senior level, notice has been 1 week for the first couple of months, increased to 1 month after a couple more months, then 3 or 6 months on passing probation.

"Emblematic of the management issues that need to be addressed"

She's only been there 5 weeks.

That's not going to hold up.

You can't accuse anyone of giving bad advice when you don't the circumstance.

Was OP logged on to the work server after hours? Was it at a time i.e late night that might indicate that she wasn't in her best frame of mind?

Was she insubordinate?

She's already been removed from the company system which may address one point.

Rallying cries of "Don't back down" don't stand up in misconduct issues.

But surely Gross Misconduct looks very shaky when the company has admitted they are in a bad way financially and looking to potentially give her redundancy? This smacks of them trying to save money by screwing her out of redundancy pay.

I can't see how sending an email late at night is indicative of not being in a good state of mind. Lots of people check work emails before they go to bed.

Why are they even considering making you redundant if they can just dismiss you with 1 week's notice and no reason?

It's never, ever going to get to a tribunal! The OP doesn't have 2 years' service!

A colleague of mine was offered a job, and submitted her required 3 month notice period.

Shortly before the expiry of the notice, the employer withdrew the offer, stating that they could no longer afford the post. Shit happens.

If a member of staff, quite newly appointed and having been told he/she is at risk of redundancy, sent me an email late at night saying 'there are loads of issues and you've messed me about massively basically', I would think that was unprofessional and probably sent in reaction to the redundancy possibility and that it implies they are claiming they have been misled and are going to be difficult throughout the process of selection. Not a good move sending the email and it sounds like there have been problems in those 5 weeks from what OP has said.

How horrible to be in that position! Not a good idea to do what you did but I'd say get a temp job, that'll be your reference. Job search like mad too. Good luck

I am an HR, CIPD qualified professional. @canigetfiredforthis unfortunately you don't have a leg to stand on here. You could try to insist on your contractual notice, but there is nowhere to go with it if your employer refuses.

Professionally speaking, I would not consider this to be gross misconduct, but in this case, the employer holds all the cards.

Yes, there should have been a proper investigation before reaching the decision to dismiss - but again, there is no way of bringing the employer to account over this! Shitty as it is!

My advice to you is, get out of this with the least possible stress. Your employer isn't going to honour your 3 month notice period, and you have no access to redress. No matter how unfair all of this is - and I do empathise, it is grossly unfair - you have no legal redress from any of it.

Dust yourself down and find something else. I think you have dodged a bullet tbh - they sound like a total shower! x

I can see why you were pissed off, having given up a perfectly good job to go there. And presumably they don't know it was a drunk email? Just a pissed off email? Which, whilst maybe not professional is pretty understandable and not gross misconduct.

@mayorofcasterbridge why do you say there's no redress? I'm not HR, but I'm an accountant so have kinda covered the HR function in previous roles (with external support). Is it because of the company's financial situation?

Not saying your wrong by the way, I'm certainly no expert.

I wish I could advise differently but sadly there is no redress. There are no options open to employees with less than 2 years' service. It's disgraceful, but it's the way it is.

Can she not go to small claims court for breach of contract?

I always thought you could.

If you can't, would the same be true in reverse? So if you broke contract with an employer by not serving contractual notice, can you not be taken to small claims court? Or does it all need to go through employment tribunal?

This

They could well hve not known. Don't just resigh though. They are trying to get out of payjng you.

No, sorry!

Off topic a bit, but you can recall and delete unread emails in Outlook. You will get a message telling you if the recall was successful.

Some fantastic advice on here and I agree fight it but if they know you were inebriated then I believe using their name ‘your email’ whilst under the influence is bringing the company in disrepute so gross misconduct.
you were angry, sent the email then deleted as you were scared voicing your frustrations made you more vulnerable to redundancy but sober.

I think you could have a claim for wrongful dismissal. Its different as they will only award the notice you should have recieved. Its not an et
Claim. You are basically suing for breach of contract. Therefore it depends what your contract actually says. Some will say that you can't bring a claim until your qualifying period is up and if it does you will be bound by that. Will all turn on whether the process and procedure is contractual or non contractual.

Has there been any discrimination? You don't need 2 years service for discrimination claims.

@snowgirl1 is giving you the best advice here.

Your employer are just trying to get you out without paying your notice period. Don't resign, sit tight.

The financial issues must have come on quickly if between offering you the job and 5 weeks in post they've decided they need to get rid of your job, so it's a poorly run company anyway.