UK - Rights for getting fired? (Gross Misconduct)?

Question

I have just been fired from my job, along with 4 others for gross misconduct. It was for an incident that occurred after the work xmas party. The boss says he is going to charge us all for advertising new staff, and the 'damage' we have caused to his business (now there are only 3 people left working there). Is he allowed to do this, what rights do I have? Thanks.

I was never given a copy of my contract, despite working there for a year. I was also owed holiday pay.

What we did was wrong and we are all willing to pay for what we did (took some alcohol, well after closing time, we were intending to pay for it later), but I'm worried about all these extra charges

He didn't quote gross misconduct either but Im assuming it was (we were fired on the spot)

Answer 1

It depends what the 'gross misconduct' was. If you started a fight with a workmate, were excessively drunk and abusive, punched your boss or another colleague or something similar, you can generally be sacked on the spot and you've got no chance of reinstatement or compensation. This applies even if it's at a work function, not just in the workplace. If it's a relatively minor mistake or offence you might only be open to disciplinary action short of being canned. Speak to a Citizens Advice Bureau or a lawyer to see if you have any chance of appealing.

[added] Ah, it was theft. Unless it was a pretty small amount of booze I think you're stuffed.

Answer 2

Oh boy, that's going to pose all sorts of problems when you try to get a new job.

By what you've said you and a few others effectively stole from your employer (regardless of intentions, this is how he'll be viewing things).

That's a total breach of trust and contract and if he takes it further possibly a criminal charge on your record too.

Any new employer seeing that or getting that feedback for your employer reference would bin your CV in a heartbeat.

If you didn't take the booze (regardless of intentions) then you have a slim chance of turning this around.

If you DID take it; you're screwed for working in any shop, any hotel, any place with stock, andy place where you handle money, any place where you have to be trusted.


Good luck.

Answer 3

What about it?

Gross Misconduct is a very very open ended reason for being fired...

Largely the reason is when you either have put yourself or others at serious risk.

If he thinks and has relative proof that you may have damaged his business or reputation that is also grounds to fire you.

You can try taking him to the courts... if you do, make 100% sure your right.

Answer 4

Whether you deserved to get fired and addmitted it is not the point, your employer falied tofollow the statutory dismissal procedure by dismissing you on the spot and therefore your dismissals were automatically unfair as he did not give you an opporunity to defebnd yiourself, (not there was much to defend) the modified procedure (which allows dismissals on teh spot) woudl not apply here, so techincally you have a case for unfair dismissal *provided you have 1 years service)

to your main point about him charging you for filling the vacancy. there is no right in UK law to allow for this, even if it was in your contact of employment, it would probably be unenforcable as it would be deemed to eb an unfair contract term.

that shoudl put your mind at ease, and maybe even tempt you to be cheeck and put in an unfair dismissal claim.

hope this helps

Answer 5

bleah. in my market, if you're not any further attempting to commence a sparkling employer on the part, human beings imagine you're not any further qualified. what develop into the nature of both businesses? develop into there a declare that they were competing one way or the different, or there develop into another conflict of activity? Absent that, i imagine the regulation may say what you do on your own time is your own employer. rather, if that develop into why you get carry of fired, i'd clarify it by technique of announcing some thing like "we agreed that develop into no longer the perfect position for me as I actually have an entrepreneurial spirit, both interior and outside my employment, and we did not see eye to eye on that". maximum places encourage, no longer discourage that in workers, so that you will be fantastic, more beneficial off at the same time as quickly as you locate a sparkling activity! edit: as a hiring manager, to me "gross habit" is incomprehensible, i'd opt for to carry close the circumstances. If I were you i does no longer even aspect out that word in any respect. that is in effortless words pejorative and not in any respect descriptive in any respect, and it comes from someone whose activity is clearly in being pejorative. i'd lower price it thoroughly if I ever heard that, in accordance with an more desirable description of the circumstances, which I gave above for you.

Answer 6

It should be written down in YOUR company's policy and procedure manual, but if you don't have one (only smaller companies are allowed NOT to have one) then just use your commom sense - If you hit your boss in the face while you had your hand up his secretay's skirt and you were drunk at the time - you're history. If you forgot to flush the toilet oneday 'cos your mobile rang in your pocket, that could be worth defending.
Contact ACAS.

Answer 7

Depends on the contract that is signed by the employer and employee. Basic human rights will apply but always be careful what you sign.

Answer 8

it will also state in your terms and conditions of employment as to what is and is not acceptable. it will tell you what is misconduct and gross misconduct. Generally it could be theft, assault on a workmate, telling your manager hes a **** and that he is not fit to wipe your ****. just to name a few

Answer 9

Speak to ACAS - The employment law specialist and they're free to call. Type acas in to google and they'll come up

Answer 10

Check your contract of employment and then check employment law...as it was out of work..it seems a little stretchy.