Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder Shawnus Novitiate

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    Dec 2011
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    Default Time limit on gross misconduct?

    Hi

    Firstly, lets be clear, I am in no way a model employee. Frequently a little late (although I do make all this time up and then some) and not a stickler for keeping the best notes. But my question is about something else..

    About 3 months ago I lost my bag with my company laptop, then last week I was two days late back from holidayicon as I lost my passport (yes I misplace things sometimes and this year I have been exceptionally bad) and had to go to the embassy to get emergency travel documents. I kept work up to date on the progress and I came back to the office on Wednesday. Then I had a meeting and was told some colleagues had complained that my actions left them with more to do. I was expecting a warning or something.. now I have a meeting next week but I have been told that my actions are being investigated. But what got my goat was they said that me losing the laptop was gross misconduct and then could dismiss me for that. But that was in September, and I told them the day after I lost it. Can they really use that now as a reason to dismiss me?

    I'm on a contract, they could just give me a weeks notice under that.. fine..I accept this, but I don't want to be dismissedicon for gross misconduct if they are past any kind of time frame which allows them to charge me with that.

    Hope this makes sense.. Thanks for reading.


  2. #2
    Site Team Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder's Avatar

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    Default Re: Time limit on gross misconduct?

    There is no legal timeframe other than what is 'reasonable' in the circumstances, and if they investigated and took no formal action at the time, then it would be extremely unreasonable for them to then change their mind now - likewise to leave it so long after the event. Gross Misconduct is an act which goes to the heart of the contract and warrants immediate dismissalicon, and they could hardly argue that it was OK to keep you for three months and then take action.

    Where you do have to be careful is if they decide that the two cases are a cumulative example of negligence, as they then may be able to demonstrate that whilst one case was careless, another misdemeanour on top might now warrant action, but Gross Misconduct? I don't think so.

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