As we are all men and women of an honest days work here in Banter,

 

When someone is suspended for Gross Misconduct on full pay

 

Does this mean that they are preparing your P45?

 

Its for a mate like

As we are all men and women of an honest days work here in Banter,

 

When someone is suspended for Gross Misconduct on full pay

 

Does this mean that they are preparing your P45?

 

Its for a mate like

 

It really depends on what you've he's done.

When I asked "your" mate for cheap flights - I didn't mean steal the f?ckin' plane for me!!!!

Well he hasnt been in trouble before,

 

but its two things rolled into one. one quite petty one not so (procedural ratha than robbing or drugs etc)

Edited February 6, 200917 yr by hughesy

If you tell us the full story, there's sure to be someone on here who has been in the same boat.

Well he hasnt been in trouble before,

 

but its two things rolled into one. one quite petty one not so (procedural ratha than robbing or drugs etc)

 

 

gross misconduct is a sackable offence, so it could be.

 

he is suspended so they can investigate the facts and have a fair hearing.

 

if he has done something wrong they are probably considering how serious the misconduct is, say he has been using the internet a lot, it would depend can they show he has been there excessively and has this affected his work.

 

as a result of the investigation he will be found guilty or not, then it is a case of what is the penalty i think you cna get

 

1. verbal

2. wriitten

3. final wriiten

4. P45

 

If he is guilty he basically needs to aim to get the penalty as low as possible.

Hughesy you're a good lad, so this aint aimed at you and it'll be a very, very unpopular view, particularly in this climate...

 

BUT...

 

It's too fucking hard to sack useless folk in this country. One slip up and you're in court, which is judged by out of touch, naive morons and set up to be ridiculously biased towards the employee

 

Softarsebleedingsetofanalbleachingwankers

 

 

There. That's better.

I'd tell your mate to be building up a "portfolio" of successes in the role. Get testimonials from clients, suppliers, other staff, etc. Dig out as much positive stuff about his role and where and when he has gone beyond the call of duty.

 

If the offence is similar to what others have committed - then try to compare or suggest that you felt others hadn't been punished for similar. Especially if his own line-manager has done similar.

 

If he is totally 100% guilty - then its going to be a case of how good at the job he really is - if he is valued they'll probably slap him on the wrist big time but make it public so no-one else does the same.

 

If he'd had his hand in the till - then I don't think he'd have a leg to stand on. But guessing that's not the case here.

 

If the job is very important to him and valued - then he should take as much advice - even pay for it - as possible. Attend the hearing with evidence of his value to the company.

Edited February 6, 200917 yr by Smiley

if others have commited the same offence and been dealt with in a particular way, it would be a naive/brave/fucking mad employer that treated a 'good' worker any differently than whatever the precedent is

 

unless its some one man and his dog outfit

Hughesy you're a good lad, so this aint aimed at you and it'll be a very, very unpopular view, particularly in this climate...

 

BUT...

 

It's too fucking hard to sack useless folk in this country. One slip up and you're in court, which is judged by out of touch, naive morons and set up to be ridiculously biased towards the employee

 

Softarsebleedingsetofanalbleachingwankers

 

 

There. That's better.

 

he's right tha knows..................

 

you can get sacked for excessive use of internet............but what is excessive ? if you are on there 8 hours a day and do nothing else, but your performance has not been noted as suffering ie no one has noticed, they will struggle to sack you.

 

if you have hit someone then serious. if you have exposed the company to risk, say leaving the safe open and forgetting to pu the alarm, happened once at bank i sued to work at ! then you are in trouble.

 

it aqll depends how well your company has defined gross misconduct, i have helped a few people out with such caes in the past and my starting point has always been to establish that although something has happened it is nt gross misconduct.

 

by showing your performance has been affected or that in appraisals nothing has ever been mentioned is a good starting point.

 

if you go in acting billy big balls you are more likely to see a book being thrown at you than if you go in admitting you have been 'silly' but making it clear that in no way has anything you done been near being considered gross misconduct.

if others have commited the same offence and been dealt with in a particular way, it would be a naive/brave/fucking mad employer that treated a 'good' worker any differently than whatever the precedent is

 

unless its some one man and his dog outfit

 

Was trying to suggest if he'd done something that others had previously done and not been punished for.

 

But I agree - I didn't think that part through!

My mate got sacked from his first job for going on a certain message board

 

Suspended on full pay for 2 weeks, was then brought back in for fact finding meeting.

 

said hadnt been on said message board that much, which like Ani said, is hard to prove how much is to much.

 

next minute they brought out a folder with threads that contained swearing, sexist, racist and homophobic postings, even though I didnt post them, they classed it as me viewing sexist/racist/homophobic stuff.

 

ten minute break, was then sacked on the spot.

 

long and short, if they want to keep you, you will just get warning, if they want rid, they will find something so thy can get rid.

 

good luck

they classed it as me viewing sexist/racist/homophobic stuff.

 

Anyone who reads The Sun or The Express falls into the same catagory!

Anyone who reads The Sun or The Express falls into the same catagory!

 

I tried explaining I had nothing against wogs.

Tell them to fuck off and then have a big fat shit on his desk.

well my mate is now job hunting after being dismissed in a hearing this morning!

well my mate is now job hunting after being dismissed in a hearing this morning!

 

 

What did they give as their reason for dismissal?

I tried explaining I had nothing against wogs.

 

Which wins my "post of the month award" for spreading my half eaten chicken barm all over my desk.

What did they give as their reason for dismissal?

 

Mis conduct

Get an independant appeals manager to study the case (not sure on cost but try acas website) and they will advise you if you may have mitigation or have any chance of winning an appeal. If yes they can put you intouch with the correct people who deal with this case, if your firm hasnt played everything pretty staright they will be sussed out. If the appeals manager wont or advises against an appeal that just about tells your mate everything.

If its a large company they would have already done this probably and asked the question would this guy have any chance of winning on appeal, if no they would be satisfied they had enough clout to terminate and would back themselves in court i guess

Edited February 13, 200917 yr by MOOSE36

well my mate is now job hunting after being dismissed in a hearing this morning!

 

You never did tell us what you he did.

Edited February 13, 200917 yr by Traf

You never did tell us what you he did.

 

He told me not to say anything about him fingering one of the punters in the Bureau de Change and wanking into his boss' drawers.

So I won't.

He told me not to say anything about him fingering one of the punters in the Bureau de Change and wanking into his boss' drawers.

So I won't.

 

shhh loose lips

You didnt get caught sticking your dick in the bacon slicer did you?

Regardless of the 'offence', the company needs to be sure they are using the correct procedure and following it to the letter, eg, competence, internet use, disciplinary, and if they are not, then they can be challenged on correct use of a procedure.

If the company has just warned another employee over a similar offence in a previous case, then you can argue the same outcome should apply in this case. I have been successful in doing this in the past in getting a client of with a lesser punishment.

Secondly we use the old "You shag one sheep" approach, ie, this is a one off offence, or more correctly an error of judgement, and should be weighed against the defendants good character, reputation, workrate and attendance. If the defendant has no previous then this should be highlighted immediately. The company is obliged to make all policies regarding appeals available to all as soon as possible.