Gross Misconduct

[emzy86]

After some advice please. I’m an 19 year old apprentice mechanic we had a car in for a mot in January that failed on the track rod end. I replaced the part and handed it back to the head mechanic to check and to re do the mot. It passed the mot and he took it for a test drive. Last week the part failed and apparently fell off. I was spoke to by my boss on Thursday who suspended me and sent me home from work to come back on Tuesday for a meeting. No letter was handed to me from my boss explaining what was happening. On Monday night I received a text from someone in the office to say I could bring a representative with me to my meeting the following day. I went to my meeting alone not fully understanding what was going on and I was sacked for gross misconduct. Any advice on where to go from here I have 7 days to appeal the decision. Based on the fact the part was fitted 5months ago I feel like I’ve been dismissed unfairly from job.

[atticus]

When did your employment begin?

[atticus]

Also -

1. Is your apprenticeship in conjunction with a college course?

2. What about the head mechanic who checked your work?

[emzy86]

Started my apprenticeship around July 2020.

Yeah I go to college once a fortnight still due to finish in August.

Head mechanic is still working there

[atticus]

Can anyone at college help you, by taking this up with the company?

by referring to the head mechanic, I was wondering whether management had at all questioned his role in checking your work. If your work was not up to scratch, then nor was his, and he clearly had some kind of supervisory responsibility.

[emzy86]

My college is aware of what’s happened all they have said is they will help me find more work.

my boss was aware that the car was checked over and had its mot re done and had passed it after I replaced the part it failed on.

[atticus]

my boss was aware that the car was checked over and had its mot re done and had passed it after I replaced the part it failed on.

But took no action against the person responsible for checking your work? Just sacked you for work you did but was checked and signed off by a person who was responsible for doing just that?

ULA: can you help?

[ULA]

There are two issues here the level of supervision and role of the head mechanic in this and the lack of process leading to your dismissal.

You have more than 2 years service, therefore you should have been subject to a formal disciplinary procedure not sent text one evening and dismissed the next.

On both points you have valid reasons for raising an appeal.

[emzy86]

Head mechanic is still working there unsure if he has been disciplined. I was suspended Thursday but no written letter giving explaining why then the text on Monday to say I could bring a representative with me.

[ULA]

emzy86 If you want to consider appealing the decision then I suggest that you do this on the following basis:

1. You are an apprentice and your replacement of the track rod end was handed back to be checked by the head mechanic, who has the overall responsibility to ensure that your work is carried out to the specified quality standard before being returned to the customer. If your work was not up to standard, then he should not have allowed the car to be passed to the customer and should have supervised you to redo the work to the correct standard. As an apprentice, ultimate responsibility for the quality of and checking your work is with the head mechanic.

2. Your dismissal has not followed the ACAS Code of Practice on Disciplinary and Grievance Procedures. You were not formally invited to a disciplinary meeting in writing, stating who will chair it, date and time, what the allegations were, provide the supporting documentation they would rely on to make any decision, or setting out what disciplinary action may be taken. In addition they did not give you reasonable time to prepare your case or arrange to have someone accompany you at the meeting as is your right. By dismissing you in the way that they have, you have a potential claim for unfair dismissal.

Make sure you get any appeal in within the timescales they have set out.

.