Sacked for GMC

[ypmud]

Hi Guys I got sacked for gross miss conduct for something I claimed did not happen, can I get some advice on a weird issue.

The initial factfinding meeting and investigation was completed just after new year, this was then passed onto a senior manager to do a further investigation, after this I was sacked with no right to hearing and defending the evidence that was gathered by the senior manager is this correct and can they do this ?

[IcanthelpthewayIam]

They can do that but you can appeal the decision if you think you have a case

[ypmud]

are you sure they can do that as they have tampered with the original evidence that was supplied ?

[rehabron]

Hi Guys I got sacked for gross miss conduct for something I claimed did not happen, can I get some advice on a weird issue.

The initial factfinding meeting and investigation was completed just after new year, this was then passed onto a senior manager to do a further investigation, after this I was sacked with no right to hearing and defending the evidence that was gathered by the senior manager is this correct and can they do this ?

The initial fact finding wold have been completed by your first line manager who would have sent you the notes from this meting giving you the opportunity to make amendments to the notes and return within 3 days.
On receipt of your notes + amendments your line manager then decides if the punishment falls within his line of authority or passed on to a higher level of authority for punishment.
You would have received written notification 5 days in advance of the date of the disciplinary hearing which is being taken by a senior manager and not a further investigation giving you the opportunity to challenge their findings and any documents that they hold such as witness statements should have been copied to you. In certain circumstances they can remove the names of the witnesses statements.
You would have also been giving the right to be accompanied at the disciplinary hearing by your union rep ( if member), work colleague from your designated area or you may have waived this right.
Are you sure that you are not confusing the meeting with the senior manager was a disciplinary hearing and not a further investigation that you have stated.
You have the right of appeal to this decision and have 3 days from the date of your letter advising the termination of your employment to lodge it.
You do not have to give a reason for your appeal.
The appeals manager can 1) uphold the decision 2) reduce the punishment award 3) revoke the punishment.

[dvbuk55]

Hi Guys I got sacked for gross miss conduct for something I claimed did not happen, can I get some advice on a weird issue.?

Well it would depend what the gross misconduct was, some are serious enough for instant dismissal, and as a matter of interest I wouldn't go describing the facts as "something I claimed did not happen" because it infers it did happen but you are denying it. Prisons are full of people who "claimed" things didn't happen but are nevertheless in the nick.

[TrueBlueTerrier]

are you sure they can do that as they have tampered with the original evidence that was supplied ?

Yes https://www.gov.uk/dismissal/overview" onclick="window.open(this.href);return false;

Summary dismissal
You can be dismissed for ‘gross misconduct’ without your employer going through the normal disciplinary procedures. This can happen if, for example, you’re violent towards a colleague, customer or property.

Your employer should always investigate the circumstances before making a dismissal, even in possible gross misconduct cases.

[ypmud]

yeah I see that but that leaves the door wide open for appeal surely ?

[TrueBlueTerrier]

yeah I see that but that leaves the door wide open for appeal surely ?

Yes but in an ET or internal Appeal then all the Manager has to do is show that their action (your dismissal) was a reasonable response to the information they had to hand at the time of making that decision, and their investigation was reasonable in the circumstances.

Don't get too bogged down in the innocent until proven guilty scenarios as they don't have to prove guilt, just that the action taken was a reasonable, in the circumstances.

If you believe they tampered with the evidence then make sure if you are a member you involve the Union, if not then get an employment solicitor. They should be able to advise you on the strength of your case and the chance of overturning the decision, but again don't forget this is not a case in law, its an employment matter and the burden of proof and the weight of evidence have different meanings and thresholds..

[ypmud]

thanks for the advice I am a member of the cwu and am using them to the full

[unusualsuspect]

I was sacked for alleged GMC and was set up because I made a complaint about how the office was run. The managers all conspired because l was going to expose all the corruption. According to the appeals manager all RM managers are trustworthy and wouldn't tell lies! Fancy that! After 4 months the dismissal was overturned to a year's suspended dismissal! This I believe this only happened because my solicitor said we can take them to ET for unfair dismissal. I don't think they wanted all the corruption aired in public! I am happy to get my job back but not happy with the way these managers have behaved. I made the mistake of going with my complaint to a area manager instead going directly to Moya's office. My experience has left a bad taste in my mouth and wouldn't trust a manager ever again!

[dvbuk55]

I was sacked for alleged GMC and was set up because I made a complaint about how the office was run. The managers all conspired because l was going to expose all the corruption. According to the appeals manager all RM managers are trustworthy and wouldn't tell lies! Fancy that! After 4 months the dismissal was overturned to a year's suspended dismissal! This I believe this only happened because my solicitor said we can take them to ET for unfair dismissal. I don't think they wanted all the corruption aired in public! I am happy to get my job back but not happy with the way these managers have behaved. I made the mistake of going with my complaint to a area manager instead going directly to Moya's office. My experience has left a bad taste in my mouth and wouldn't trust a manager ever again!

Just as a matter of interest unusual, are you back in the same office, have you been paid and if you are in the same place has the corruption situation changed.