I have just been dismissed from work. They have said it is based on gross misconduct, though someone told me that if it is with notice it cannot be gross misconduct, as this will be immediate dismissal i.e. without notice, is this correct? I was suspended, investigation, disciplinary meeting, appeal . Failed the appeal and was dismissed on 2months notice.

I am currently completing a early reconciliation form as a would like to take my employer to tribunal. Don't want money just want the accusation of gross misconduct remove from my name.

I am now looking for a new job how can I tell them my I go for interviews about my dismissal.

Hi,

Sorry it's not something I know much about but how long have you been with the company.

I'm sure the employment guys will be along sooner than later to help you.

It will help if you can tell us what you were charged with. That way we can give an opinion if it is Gross Misconduct or not

Hi

1. How long had you been in employment with the Employer?

2. What does your Contract of Employment say?

3. Disciplinary Meeting, what were you being accused of & were you dismissed for Gross Miss Conduct at this meeting and informed in writing?

4. What were you Apealing at this time?

We really need a timeline of what has happend from start till now with dates (shortened version) to be able to assist you

As above we need to know a bit more about your situation. Length of service is relevant, as is the nature of the accusation

Some links for you to look at:

http://www.acas.org.uk/index.aspx?articleid=1797

http://www.acas.org.uk/index.aspx?articleid=2174

http://www.acas.org.uk/index.aspx?articleid=3905

http://www.acas.org.uk/index.aspx?articleid=4010

http://www.acas.org.uk/index.aspx?articleid=1889

https://www.gov.uk/employment-tribunals/when-you-can-claim

https://www.gov.uk/courts-tribunals/employment-tribunal

I think you also need to understand that the tribunal cannot "take away" the label of gross misconduct. The tribunal has the task of deciding whether the dismissal was fair or not - fair in law. If the dismissal is fair in law, then that is the end of the matter. They won't decide that it was fair but not gross misconduct. Your informant was incorrect - there is nothing to say that employers cannot pay notice in cases of gross misconduct. It isn't common, but it also can and does happen.

So an opinion of whether it is gross misconduct or not is not relevant. The employer has dismissed with notice. If you have done something to warrant dismissal then you will lose a tribunal. If you have done something to warrant a dismissal but the employer has made a procedural error in the dismissal process (not in what they called it) then you might win but end up with little award because of your own actions.

So what you say you want isn't what tribunals do.

If they followed their procedures and gave you the right of appeal the givingpayment in lieu of notice for gross misconduct is not unusual. An example fo where this would be the norm would be abuse of work facilities/fiddling expenses etc. examples of where instant dismissal would be the norm would be fighting, caught stealing etc.

I note you avoid in saying what they considered to be gross misconduct and whether this is written into your terms of service as being such. This suggests that there isnt an argument over the facts of the matter, just how it appears on your record. as already said, it looks like frocedures were followed and so nothing for a tribunal to consider unless you have something else.