Just been sacked! I feel unfairly dissmissed!?

Question

I processed a order yesterday for a customer, the order wouldn't go through so my boss phoned the customer who told him he had told me to cancel the order. I got the wrong end of the stick, thought the customer with some pursuasion wanted the order so processed it. Got sacked for gross misconduct, but i believe it was just a mistake! what should i do? My boss is a ****er

Answer 1

firstly have you been in the job for over a year? because if not thy can ask you to leave without a reason and there's nothing you can do about it.

That certainly does NOT constitute gross misconduct so if you've been with them for over a year you have got a case and should take it to a tribunal. However, it sounds like your boss was looking for an excuse to get rid of you and you obviously don't like him, you're therefore unlikely to be promoted or get anywhere in this company with him as your boss, so I'd suggest your career lies elsewhere.

Answer 2

Unless you have had verbals and written warnings first, I'd say you have a case to fight.

If this was your first mistake, then your boss is out of order, I would never sack someone for making that sort of mistake. Gross misconduct is for the likes of theft, aggressive behavior etc.

I feel the customer may have canceled the order as soon as it was made, hence why it didn't go through. These days, the customer isn't always right and it's really sad that you lost your job due to this.

Hope all goes well for you

Answer 3

That's not gross misconduct, it's a training issue. If you've been employed less than 12 mths then there's not a lot you can do. If you've been there for more than 12 mths you should write a letter of grievance to your employer saying that you feel you have been dismissed unfairly as it is a training issue and not gross misconduct. They, legally, have 28 days to respond. If that doesn't work then get in touch with ACAS or your local Citizens Advice Bureau. Good luck.

Answer 4

Dismissal is when your employer, with or without notice, ends your employment. It can also happen when a fixed-term contract isn't renewed or when an employer forces someone to retire. Dismissal can be done verbally or in writing. Constructive dismissal is where your employer's actions (eg extreme bullying) force you to resign.

If you feel your employer has dismissed you unfairly, you might make an unfair dismissal claim to an Employment Tribunal.

In most cases you will need to have a year's service to make a claim for unfair dismissal.

It will be up to you to show that you have been dismissed. This will usually be clear but may be more difficult if you are claiming that you have been constructively dismissed.

Your employer must show they have:
a valid reason for dismissing you
acted reasonably in the circumstances
They need to have investigated the situation adequately and followed at least the steps in the statutory minimum dismissal procedure (if it applies). If they don't follow the minimum procedure, your dismissal is usually automatically unfair.

If your employer has investigated fairly but come to the wrong conclusion (for example, if they have got the facts wrong), this will not necessarily mean the dismissal is unfair.

Your employer must be able to show that they've been consistent and have not sacked you for doing something that they normally let other employees do.

You may be able to claim unfair dismissal if you can show that you weren't told about a relevant company rule or policy by your employer.

Wrongful dismissal is different from unfair dismissal. It's where your employer breaches your contract in dismissing you, normally by dismissing you without notice or without following a procedure required by your contract. A dismissal can be both wrongful and unfair.

Discipline and dismissal - three step process that an employer should follow:

STEP 1:
Arrange formal discipline hearing.
Provide employee with written statement of alleged conduct, characteristics or circumstances which may lead to dismissal.
Confirm entitlement to be accompanied.
Provide employee (in advance) with copies of evidence/statements

STEP 2:
Conduct hearing.
Conduct further investigation if required.
Make detailed notes.
Notify employee of decision in writing.
Confirm entitlement to appeal.
Employee appeals?

STEP 3:
Conduct appeal hearing.
Decision to dismiss upheld then Confirm decision in writing, which is FINAL.
Reinstate employee and confirm course of action in writing

Following the statutory procedure will not automatically make a dismissal fair.
Employers must still demonstrate that the decision was reasonable and that they followed a fair procedure, for example the staged warnings of an internal disciplinary/capability procedure, or consultation in a redundancy situation.

The statutory procedure applies at the final stage of these internal procedures, when the employer is considering dismissal.

This procedure also applies when an employer is considering taking action short of dismissal, such as suspension without pay or demotion.

I would suggest if you have been there over a year then go see a solicitor.

Answer 5

You may have a case for misconduct, BUT have you been properly trained? If you have had all the training to do your job then you were negligent. If it was your first day then mistakes are expected.

If you think your boss had another agenda ie He wanted rid of you because he didnt have the budget or you were late all the time or you were fat then you do, but its really hard to prove.

Sounds like your better off out though.

Answer 6

So the customer told you to cancel the order, but you - in your wisdom - thought that you could persuade him and processed the order against his wishes?! And you believe this is not gross misconduct - why???

Answer 7

how long have you worked there, do you have a good work record, if so every body has a boss so your boss should have one go and see them or write to them explaining what happened. No offence meant but if you write make sure you explain a little better than you have here and be ready to apologise even though you feel wronged and hes a w*****er. Good luck you made need it.

Answer 8

maximum jobs are "at will" that signifies that the corporation would fireplace you at each and every time with or without reason. once you've been in the paintings force for awhile you want to understand that. when you're not any further a settlement worker there is not any longer some thing that you need to do about it

Answer 9

unless you have been there for a year or so probably nothing, there should be a recording of the conversation, get your boss to listen to it and then see if he'll rethink,or just put it down to experience and move on

Answer 10

Always make sure there's a paper trail, whenever you make a transaction, make sure there's a hard copy.

Btw, I must compliment you...if I got fired, my first reaction would not be to log on Yahoo Answers. Its good that you can think rationally enough to do that.