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Can you get the sack for this?

20 replies

welshmammy2009 · 03/04/2009 19:37

Just wanted a bit of advice really regarding a friend of mine who has had the sack.

Ok what has happened is he works in retail and made a comment about a member of staff to a customer that was totally unprofessional and could have an effect on the business(sorry i dont really want to say what he said).

Anyway he's had his contract terminated because of this he thinks its unfair dismisal but i dont agree i think they were right to sack him because his comment could of seriously affected the business.

Anyone know which one of us is right?

OP posts:
ScummyMummy · 03/04/2009 19:38

Hard to say without specifics, tbh.

nancy75 · 03/04/2009 19:41

it depends what he said tbh

DSMaryMagdalene · 03/04/2009 19:42

It totally depends what he said.

If it is gross misconduct, then you are right.
If it was an irrelevant comment, then he might well be right.

welshmammy2009 · 03/04/2009 19:46

ok a customer asked him where the manager was and he replied oh he's on his lunch snorting coke

OP posts:
differentEggD · 03/04/2009 19:47

Then he deserved it.

onadietcokebreak · 03/04/2009 19:48

Agreed he deserved it!

differentEggD · 03/04/2009 19:48

That's gross misconduct- bringing the company's reputation into disrepute.

DSMaryMagdalene · 03/04/2009 19:48

What an idiot.

Aye, he deserved it.

thisisyesterday · 03/04/2009 19:57

i don't think he has a leg to stand on. what an idiot

HecAteTheEasterBunny · 03/04/2009 20:01

yup, I'd call that gross misconduct too.

ScummyMummy · 03/04/2009 20:02

Bad move on his part! Was it true?

FluffyBunnyGoneBad · 03/04/2009 20:03

Yup, I agree, gross misconduct. Not a wise thing to say.

welshmammy2009 · 03/04/2009 20:08

lol no scummymummy it wasn't true

my friend has a very weird sense of humour

OP posts:
ScottishThistle · 03/04/2009 20:11

What a fool is all I can say, are there people around actually THAT stupid!

HecAteTheEasterBunny · 03/04/2009 20:12

I know, ST - What on EARTH made him think that was an appropriate comment to make to a customer? [boggle]

Wattinger · 03/04/2009 22:23

Welshmammy, if your friend had been with the company for over 12 months, the employer would have had to follow the statutory diciplinary process. If the process has not been followed, your friend will have been automatically unfairly dismissed (whatever he did).

www.cipd.co.uk/subjects/emplaw/discipline/disciplingrievprocs.htm

tigerdriver · 04/04/2009 00:19

what Wattinger said BUT if he contributed to his dismissal his damages could be reduced by up to 100%. This is obviously an issue here. Suggest a chat with CAB or first interview free employment lawyer to see if any mitigating circs. If not, then he will have to take it on the chin.

lauren61 · 04/04/2009 01:06

was it a random customer or did your friend know him/her ??

did customer complain then..?

elkiedee · 04/04/2009 01:10

Stupid thing to say!

overweightnoverdrawn · 04/04/2009 14:36

am I the only one who had a slight snigger at this comment LOL

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