Summary Dismissal

[Silky Sapper]

I may have originally posted this in the wrong thread...

Hello Everyone, I am after some assistance if possible.

I will try and be as brief as I can..

I work in the motor industry and last year I received a final written warning following an error I made after promotion in October last year (I was not given any additional training etc.). Despite the promotion I was still expected to perform my old role until a replacement was found. It may be worth noting they did not start till April this year.

In April this year I made an administrative error when pricing a part exchange that made a material loss to the company of £3000. The company completed an "investigation" and today at a disciplinary hearing I was summarily dismissed. I am currently in 2 weeks notice.

My issues are the following...
-Since the promotion I have been performing two roles
-The site was majorly understaffed with another manager missing and no administrator so I was covering those aspects also.
-I was working in excess of 60 hours per week throughout March and am still owed days off.
-Recently another manager went through the disciplinary process for Gross Misconduct about a number of matters that resulted in significantly more loss that my error and was given a written warning.

Is it worth appealing or am I just being biased because it affects me directly

Any assistance would be greatly appreciated

[ULA]

Re: Summary Dismissal

Hi [MENTION=102132]Silky Sapper[/MENTION]. You should receive correspondence from your employer confirming your dismissal for gross misconduct and the details around that. As part of this it should detail your right to appeal the decision, in which case you can include the issues that you have in them coming to their decision. You seem to imply that they are paying you two weeks notice period is that correct? How long have you been employed with the company.

[Silky Sapper]

Re: Summary Dismissal

Thanks for your reply Ula, I have worked for them for 2.5 years and they have given me 2 weeks summary dismissal on the grounds of serious misconduct. It is my colleague that was issued a final warning for Gross misconduct.
They said at the hearing yesterday that they have had to take my previous serious misconduct final warning from last year in to account but it would appear that they have not taken into account any of the (in my opinion) mitigating factors.
I just feel aggrieved that none of the other matters seem to have been taken into account. I even have a check sheet for that particular issue that is countersigned by another manager to say it was checked. I referenced it in the hearing but they did not even ask for a copy?

[ULA]

Re: Summary Dismissal

Thank you for your further post. Have you received the follow-up correspondence from the company regarding your dismissal and has it given you the right to appeal? What was the "previous serious misconduct final warning" given for last year?

[Silky Sapper]

Re: Summary Dismissal

I am still waiting for the correspondence regarding the dismissal and the appeals process (I was only dismissed at 1400 on Wednesday).

The previous warning was essentially down to delays in paperwork that needed to be sent off. The paperwork in question was related to my previous role as a Local Business Development Manager and I was expected to continue to perform that role in addition to my new one until a replacement was hired. We did not get a replacement until April this year.

[ULA]

Re: Summary Dismissal

So the error was made after you had been promoted to a new role but related to the function of your previous role which you were still carrying out.

Did the delay in sending the paperwork result in a serious detriment to either the company, another work colleague or a customer or supplier of the company? I am just trying to understand the seriousness of the incident for you to receive a final written warning and was there any other disciplinary action active on your file at the time?

[Silky Sapper]

Re: Summary Dismissal

Yes that certainly is a far clearer way of putting it!!!

It exposed the companies reputation mildly but there was no serious detriment to anyone, a couple of customers were slightly peeved as it meant the first payment for their vehicles were delayed but I dealt with it quickly and am still on good terms with them.

There was no financial implication to the business either.

Prior to this I was an exemplary employee with a great reputation within the group, hence why I was approached to move over to this new role.

[Silky Sapper]

Re: Summary Dismissal

I have since appealed on a number of grounds and have a meeting scheduled on Friday at 1300 hrs

The company responded withing 4 hours telling me that the meeting will be chaired by the Managing Director himself, it does state that i can be accompanied by a work colleague or trade union rep.

Three questions really...
Is that tmescale a sign that the company are taking it seriously (I was very frank but polite in the appeal letter).
Is it standard practice for the MD to be taking the meeting (there are a number of other Directors who could have chaired it).
Is it advisable to be accompanied? The only person in the business I trust is at a funeral on that day.

Thanks in advance for any advice.

[ULA]

Re: Summary Dismissal

As you say they have responded promptly and they have given themselves reasonable time to consider the contents of your appeal letter.

In regard to the MD chairing the meeting it really depends on the size of the company and ensuring that the person hearing the appeal at this stage has not had any dealing with either the investigation or the disciplinary hearing plus has the authority to make the decision on the appeal. Certainly on this final point then the MD clearly satisfies that requirement.

I would suggest that as this is an appeal against dismissal for gross misconduct then it would be good to be accompanied. The role of this person is to take notes on your behalf, they can present your case if necessary, sum up your case and talk things over with you during the hearing. Since the person you would like to attend is unavailable then you can ask for the hearing to be rearranged. I suggest that firstly you ensure that the person would be willing to accompany you (not everyone wants to take on this responsibility). Once you have established this you immediately contact the company and explain you wish to be accompanied by xxxx however they are unable to be there due to attending a funeral and would it be possible to rearrange to another mutually convenient time.

[Silky Sapper]

Re: Summary Dismissal

Thanks again Ula,

Your last paragraph states its Gross Misconduct. It was Serious Misconduct. Does that bear any relevance to your advice?

[ULA]

Re: Summary Dismissal

You already had a serious misconduct warning which is effectively a "first and final warning" and would probably have still been active on your record. This means that a second occurrence of an action considered by your employer to be serious misconduct (whilst the previous disciplinary is still active) has led them to dismiss you on those ground.

The advice given has been done so on the basis of how you deal with an appeal against being dismissed which is not affected by the gross misconduct/serious misconduct terms. Sorry if this has caused confusion.

[Silky Sapper]

Re: Summary Dismissal

Hi again,

Thanks for your help so far!

I appealed on the 9th June and the MD of the company himself chaired the appeal with a rep from HR.

My grounds of the appeal were that it was not misconduct but capability and the sentence was too harsh.

During the hearing I supplied 8 pages of evidence detailing a number of cases where I asked for help and support because I was massively overstretched (one person doing the job of 4 in a peak period), I also evidenced the absolute unprofessionalism of the Senior Manager in charge on a number of occasions and how that seriously undermined my authority plus the processes in place. I even indicated times and dates where he did not adhere to company policy despite me attempting to enforce it.

I showed clear evidence of attempts to improve the businesses performance and efficiency that were not enforced or followed through by said Manager and how at times he was purposely obstructive to my efforts.

The MD explained at the end of the hearing that this has now become quite a complex matter and that he will need to do a thorough investigation, I received an update today saying that I will receive the outcome in the next couple of days.

At the end of the hearing he also asked exactly what I want. I told him I don't know as yet, lets see what the outcome of this is. I informed him that my problem is not with the group itself nor do I have any grievances with him personally. That I respect the decision on the initial hearing based on the evidence that was provided at the time. I told him that I don't want to be known as "that guy" within the group and that there is no way I can go back to work for the Manager that I raised the issues about.

I then asked him if whilst he investigates am I allowed to accept another offer of employment. He told me that technically I can as the decision still stands and until a decision has been made I am a free agent.

Am I right in assuming if the decision comes back in my favour I can exercise my right not to return on trust and confidence issues but would there then be a case to answer for constructive dismissal? I believe that there has been a complete change in the nature of the job and the stress at work was not properly addressed.

Finally, I have a number of other companies knocking at my door, would accepting a job affect any future claim?

Sorry for the length of the message!

[ULA]

Re: Summary Dismissal

Well done on what appears to have been a comprehensive appeal and has certainly given the MD cause to undertake a further investigation.

From your original post I believe that the notice period you were given when you were dismissed has now concluded and therefore you are no longer an employee of the business and if this is the case then you are at liberty to accept a new job offer. However just a note of caution are any of these potential job offers dependent on a reference from your now ex-employer?

On the question of whether "if the decision comes back in my favour I can exercise my right not to return on trust and confidence issues but would there then be a case to answer for constructive dismissal?" I am a little less certain. Constructive dismissal happens when an employee resigns as a result of behaviours by the company that seriously breaches their contract. In this case you have already been dismissed and the outcome of your appeal against that dismissal has led the company to decided to reinstate you and in not accepting that reinstatement I am not sure whether you would be able to say that you had resigned by way of constructive dismissal.

If you think that even if you were offered reinstatement you would not want to go back to work for your ex-employer maybe then a possible tactic would be to negotiate an agreement on wording of a reference which would help with the "companies knocking at your door" and a further ex-gratia payment that may go towards covering the gap between the end of your notice and the start of any new job.