Dissmissed - gross missconduct - adviced needed!

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

This may also come in useful - Stephens v Halfords plc ET/1700796/10

http://www.clarkslegal.com/Article/9...d+to+be+unfair

[teaboy2]

Re: Dissmissed - gross missconduct - adviced needed!

This may also come in useful - Stephens v Halfords plc ET/1700796/10

http://www.clarkslegal.com/Article/9...d+to+be+unfair

It would certainly be worth mentioning that case to the employer as it certainly backs up your daugthers claim that the dismissal was unfair.

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

It may also be worth highlighting that there are pretty strict time limits for taking action via Employment Tribunals (usually 3 months from the date of the dismissal).

Time flies, & some unscrupulous employers have been known to drag out internal procedures to ensure the deadline is missed.

[teaboy2]

Re: Dissmissed - gross missconduct - adviced needed!

It may also be worth highlighting that there are pretty strict time limits for taking action via Employment Tribunals (usually 3 months from the date of the dismissal).

Time flies, & some unscrupulous employers have been known to drag out internal procedures to ensure the deadline is missed.

True but they do take the time spent appealing the dismissal into account as a continuation of the incident as a whole. So in effect the 3 month time limit would not start till the date of the appeal hearing where they stick by the dismissal.

Recently had an employer try the same delay tactic just to claim the claim was outside of the 3 moth time limit, which unfortunately for them did not work and the tribunal is going ahead, though am not sure when as the person i was advising has opted to try settle the matter, so hopefully the company in question will agree to settle it outside of tribunal rather then face the tribunal itself.

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

Hi teaboy,

Would this be the case if the employee has already been dismissed?

EDIT
(I've just reread your previous post, & the thread, properly! - you can tell me to look more closely & pay attention if you want!!)

[teaboy2]

Re: Dissmissed - gross missconduct - adviced needed!

Yes the employee had been already dismissed :tinysmile_grin_t:

[CleverClogs]

Re: Dissmissed - gross missconduct - adviced needed!

Basically the problem was that my daughter posted a picture of a customers till receipt showing something "funny" that they had purchased. The company said that if one person saw it then told someone else and so on, i suppose giving the company a bad name therefore dissmissed for gross missconduct. Sorry should have made it clearer.

Can you post the picture here?

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

Can you post the picture here?

msl:

Probably won't win the Best Idea 2011 award!!

[CleverClogs]

Re: Dissmissed - gross missconduct - adviced needed!

One may also be reminded of the (apocryphal?) Co-op manager who was caught putting his penis in the bacon slicer.

He was dismissed, whereas the bacon slicer was just reprimanded. msl:

[ruby15]

Re: Dissmissed - gross missconduct - adviced needed!

Hi and thank you to all who have commented on this problem.

Since writing the original post my daughter has now received a copy of the investigation documentation which includes a copy of the photo from the company she worked for,the photo does not show whatso ever either the company's name or any customer details, in fact all you can really see is what the customer purchased. They go on to say that the reason for her dismissal was due to the fact that she brought the company into disrepute through her actions of uploading a customer receipt onto Facebook. They say that they believe that her actions constitute a serious breach of Group Data Protection policy, this is seen as gross misconduct and in line with the disciplinary procedure made the decision to summarily dismiss her.

I am not clued up on Facebook, but my daughter assures me she has the highest privacy setting possible, so only her "friends" can view her profile, so how then can the company say that customers would see it??

Her appeal is actually tomorrow, she is not in a union and the two collegues she would like to take in with her the company have said no to, as one was involved in this and the other was not allowed by them due to her position, so she has got to face them on her own. Is there anything she needs to prepare for?

I believe that ACAS wont look at this until she has appealed.

I would really appreciate any help, many thanks.

[ruby15]

Re: Dissmissed - gross missconduct - adviced needed!

Can anyone help please

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

Have to go out, ruby, but will reply shortly.

[Celestine]

Re: Dissmissed - gross missconduct - adviced needed!

Why was the second colleague not allowed to accompany your daughter? Sounds dubious to say the least?

Even if it is not a close friend, it is imperative that she goes into that meeting accompanied, at least so that note taking can be performed.

She should say little, let them explain their position, note it all down and ask them to put their final position in writing.

Naturally she should clearly explain her privacy settings on Facebook etc, also she should request proof from them as to when and how she was provided with a copy of their policy on Social Networking sites.

She should not be emotional, keep calm, not feel guilty or intimidated, just see it as a vital information gathering session.

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

Hi ruby,

Has your daughter submitted a written grievance? If not, it is advisable to do so. (Disciplinary & grievance, when related, can be dealt with concurrently)

Also, as can be seen from the ACAS Code of Practise -

http://www.acas.org.uk/CHttpHandler.ashx?id=1047&p=0 (page 6)

employees have a statutory right to be accompanied.

I would be asking for a written explanation why this was being denied, & would insist that this was noted in the meeting notes, a copy of which to be given to me immediately following the meeting. (They can photocopy!)

Highlight the triviality of the alleged accusation - try not to be pressured into 'admitting' a serious offence.

& as Celestine has said, keep calm, don't be intimidated, & take careful written notes of the whole meeting (or, if possible, an audio recording).

Sorry it is so late - please keep us updated.

Good luck!

[labman]

Re: Dissmissed - gross missconduct - adviced needed!

If their tack is one of breach of Data Protection, then I can see their argument as follows (don't worry, there is a counter-argument!):

Your daughter was in severe breach of the data protection policy of the company because she had made sufficient note of a customer's purchase to seek out the till receipt, scan it and upload it onto a social networking site. The receipt may have had the customers details on, even though they were not shown, and your daughter had no right to take the receipt from the records and do what she did with it.

It's hard to argue against that to be honest. Though before the counter argument, what Data Protection training has your daughter had? It is the responsibility of the Data Controller to ensure that all staff who handle or process data are trained to an adequate level. Did your daughter receive this training?

Arguing back, as long as the information posted up was anonymous, there has been no breach of the Data Protection Act 1998 whatsoever. Any breach therefore has been purely internal, and I would argue that dismissal for gross misconduct for a breach of an internal procedure which in no way breaches statute law on the issue is a disproportionate action to take for the offence commited.

It was, without doubt, an unwise thing to have done - many companies have policies in place now regarding these issues. However, if the argument they are putting forward is on the breach of data protection, then she can argue back.

Celestine's advice for the meeting is spot on. However, as she is entitled to have a representative there, I'd be exceedingly cautious about attending the meeting at all without one. If she has to attend alone (which she doesn't!), I would insist on her being allowed to make a recording of the meeting for the avoidance of doubt should it need to be taken further. The fact she has done something imprudent does not stop her having rights under law.