Appealing Gross Misconduct to clear my name for referencing reasons in Employment and minimum wage problems Posted July 9, 2012 Thanks for all the warm welcomes. The appeal process has already started so I haven't missed the boat as a summary email has been sent. I am now following this up with a more formal letter (the HR Director was also on holiday last week so we have arranged to speak this week). mrsfoot - I have been paid for the whole month of June, not 28 days after the 8th June. When I spoke to Acas they said I have no ground to make a complaint about them not following process as I wasn't there a year so they don't need to follow the usual disciplinary procedures. - But the adviser did find it strange that they did it so close to 1 year service and still decided to pay in lieu, and perhaps there are grounds for me to complain if I believe their decision would be different had I been there 1 year and have more rights - ie. taking them to a tribunal. My probationary period was 3 months, so surely once you've passed that they can't fire you because they don't like you before 1 year? One thing I want to check straight away is it will weaken my case if I tell them I don't want to go back if they do offer me my previous position, or will this make them more likely to revoke the Gross Misconduct as they won't need to employ me again so it may save them a lot of hassle?