Gross misconduct

[JJPickles]

Hi Everybody

I'm looking for advice to see if there is anything I can do on the following situation?

At a Christmas company night out, I took along a new partner and she got a little bit angry and upset. I got called to the reception area where she was lashing out a bit and rather drunk and my boss told me to leave and they would put her in a separate taxi but turned out she caught her with a bit of a slap when someone put their hands on her to restrain her.

I later found out she suffered from anxiety and the situation of meeting new people obviously triggered it off and in hindsight she hadn't wished to attend and she does take medication to control it.

I received a phone call the next day telling me not to return to work and a letter a couple of days later saying my employment was ended due to Gross Misconduct. This has hindered me in my search for new employment as I was offered a job working at the crown court but they are meticulous in all references.

I was employed for less than 1 year so my main question is can I be sacked for gross misconduct for the above incident?

Many thanks

[Sangie595]

Re: Gross misconduct

Hi Everybody

I'm looking for advice to see if there is anything I can do on the following situation?

At a Christmas company night out, I took along a new partner and she got a little bit angry and upset. I got called to the reception area where she was lashing out a bit and rather drunk and my boss told me to leave and they would put her in a separate taxi but turned out she caught her with a bit of a slap when someone put their hands on her to restrain her.

I later found out she suffered from anxiety and the situation of meeting new people obviously triggered it off and in hindsight she hadn't wished to attend and she does take medication to control it.

I received a phone call the next day telling me not to return to work and a letter a couple of days later saying my employment was ended due to Gross Misconduct. This has hindered me in my search for new employment as I was offered a job working at the crown court but they are meticulous in all references.

I was employed for less than 1 year so my main question is can I be sacked for gross misconduct for the above incident?

Many thanks

I am afraid that it is irrelevant. You aren't in a position to challenge the dismissal, so the employer can call it what they want. I agree it is harsh, and probably wouldn't stand up if it took place after two years employment. But it didn't. Your only option is to explain the circumstances of the dismissal before the former employer does.

[Clojo]

Re: Gross misconduct

I am afraid that it is irrelevant. You aren't in a position to challenge the dismissal, so the employer can call it what they want. I agree it is harsh, and probably wouldn't stand up if it took place after two years employment. But it didn't. Your only option is to explain the circumstances of the dismissal before the former employer does.

Unfortunately Sangie is right. Until you have been there for more than two years, your employer can pretty much do what he wants. You have very few employment rights. This site has some good info which explains why http://www.tribunalclaim.com/length-of-service/. So basically unless they discriminate or break the law, they can pretty much do what they want! The law seems very unfair on employees these days. Protection for employers is far greater it seems. Agree with Sangie, explain your circumstances before your employer does. Am sure any reasonable person will understand the situation.