Gross misconduct???

[Cscott]

Hi,

I shall start from the beginning just to explain the situation. I have worked for said company for 8 months although 2 months ago I got tuped across to a new company. About one month ago I finished a shift at work and was meeting my partner in the pub.

One of the service users asked if he can come along for a drink and I said yes. So I finished my shift at 4pm and we both got in the same taxi and got it to the pub. The service user insisted on paying as my partner had the money and he was inside. The service user had a bit to drink and really enjoyed his night. It got to about 9pm when I suggested he go back to his bungalow. I phoned him a taxi and also phoned the carers on site to inform them that he was on his way back.

The following day I arrived at 11.50am as my shift started at 12. The same service user and I was due to go out on his social hours at 12:15 but to my surprise another carer told me that he's still in bed and the carer also informed me that his taxi had been cancelled. I went into his bungalow to wake him but unfortunately I found him dead.

I continued to work 2 further shifts then got informed I would be suspended. The company knew they intended to suspended me but made me do 2 10 hour shifts first.

The reason he wanted to come with me is that the previous day when he should of had his social hours we was short staffed (always should be 5 staff, 2 service users per staff member plus one 'runner') because of this he couldn't go out so planed to go on the following day however once again due to being short staffed he couldn't go out so he saw a perfect chance to finally go out when he heard that I was going for a drink after work. If we had the required number off staff on shift then he would of had his social hours.

I then had an investigation meeting followed by a disciplinary hearing. The out come being me being dismissed on gross misconduct.

I today received my dismissal letter. The letter says that a copy of the minutes are included yet the only thing in the envelope is the letter itself.

The points they mention are the fact that I was consuming alcohol in the care of a service user. However I was off shift and also the service user has full capacity and has an independent living form of care and also that I accepted the taxi getting paid for without filling any financial recording sheets out. Once again he has full capacity and deals with his own finances.

No other members of staff have been suspended. When I brought up the fact that why had nobody been in to check on him between the hours of 5:20 am and 11:50am and why had the taxi been cancelled without first checking on him the answer I got was simply a 'we don't know'.

I find this extremely harsh and wrong to label it as gross misconduct and would like any advice or opinions please.

Thanks

[ULA]

There are two things here.

Firstly I am not sure if you are aware but if you have less than 2 years service your employer can dismiss you without necessarily having to give you a reason or follow a disciplinary process, except in certain circumstances, without there being a potential for an unfair dismissal claim.

Given that background your employer has undergone a disciplinary process and therefore in the letter confirming the outcome of the disciplinary and confirming your dismissal for gross misconduct have they detailed your right to appeal?

[Cscott]

I am aware of the 2 year ruling. It's the fact they class it as gross misconduct when I fail to see how they can categorize it as such a serious offence. Plus the 2 reasons they give for putting it into this category are are both invalid reasons.

Yes the letter states that I have the right to appeal.

[ULA]

That is good that they have included your right to appeal. In which case you need to raise your appeal by stating why the misconduct should be classed at a lower level and in detail why you believe the reasons for it being at that level are invalid

[Cscott]

Just a quick update.. Today I received a reply to my appeal letter. The company have rejected an appeal hearing due to my letter not falling into one of two categories.

1)there is new evidence which supports your appeal
2)the correct procedure was not followed when a decision was made.

Also on the letter received it says that I was dismissed on the basis of breaching professional boundaries policy and a breach oh trust. It doesn't once mention gross misconduct being the reason I was dismissed.