Dribk Driving - Gross Misconduct

[Flynn2602]

Hi,

I am after some help...

I have had my contract terminated by my employer for Gross Misconduct after being convicted of drink driving, however, the arrest was oit of working hours, not in a work vehicle and in now way brought the company into disrepute.

Although the business states that the job role comes with a car as mandatory, I have outlined how I can successfully still operate on public transport without it.

The reason for dismissal was beacuse I was convicted of drink driving itnwas a breach of the companies code of conduct and goes against all of the companies values.

Does this still apply even though I was not in a work vehicle, nor in work time/uniform and in no way brought the company into disrepute?

I have appealed their decision on this basis and have my hearing on Monday 22nd February where HR will decide what the outcome will be.

I have referred to the company code of practice and fail to find any literature that relates to non working activities.

Any help/advice would be really appreciated.

Best

F

[ULA]

You say in the early part of your post that the role you perform has a car as a mandatory part of performing that role. I presume that given the conviction you have recevied for drink driving your licence has been taken away so therefore you cannot drive. You may be able to prove that you can do your job via public transport but will you be as productive and effective by doing so?

You may also want to check your company disciplinary policy for what they consider to be gross misconduct as quite often you will find that conviction of a criminal offence, which this is, regardless of whether it happend outside working hours, is given as an example.