Gross Misconduct/Dismissal?

[h755bpx]

OK. I will give you the short story. I have worked at my firm for the last 2 years and have a fantastic work record. I started having marital issues and me and my wife split back on September last year. I got a hell of a lot of grief and threats from her family but it all died down eventually.

I met someone else and moved in with her in December (stupid I know, but love is blind). She turned out to be a complete psycho and we split up a couple of weeks ago. I was upset and had 3 days off work which was recorded as “Unauthorised Absence” and I was given a Stage 1 written warning.

My ex called me and begged me to see her on Monday and she said she couldn’t be with me as she couldn’t have children and it broke her heart every time mine came to stay (I accepted this even though we had a pregnancy scare in January, wasn’t worth arguing over, I knew it was rubbish) I found out on Wednesday night that she was actually cheating on me for a week before we split, obviously not happy I texted her and told her I knew, lots was said, she eventually admitted it and I felt better.

I came to work on Thursday morning and felt good, until my work phone rang. My ex girlfriend had been in touch with my ex wifes Aunty some how (and she takes it upon herself to get into everyones business) and told her I constantly cheated on my wife (I didn’t) and how I owed her thousands of pounds and all sorts of crap. Bottom line is she phoned me at work, gave me serious grief and threats and I snapped, at lunch I left work with the intention of selling everything and catching a plan the next day to get away from it all as it was no one elses business. Work kept phoning and texting as they were worried and I didn’t answer as I wasn’t in a great state of mind.

I came to my senses when I realised I wouldn’t see my kids again and went back to my mum and dads house (they live in France). I spoke to work and my Manager told me to come in on Friday (today) but there will be repercussions of another Unauthorised Absence, that will be a level two warning at least.

Turns out that in our Gross Misconduct policy, unauthorised absence is covered. Can they get me for this and skip the other warning stages? My state of mind was crap, I have been having loads of personal problems recently (which they know about) and have a lot on my plate. Do I have mitigating circumstances as I was being threatened and felt I had no other option? If I lose this job, over the last 6 months I will have lost absolutely everything in my life.

[elche]

[ but there will be repercussions of another Unauthorised Absence, that will be a level two warning at least. [/font]

Turns out that in our Gross Misconduct policy, unauthorised absence is covered. Can they get me for this and skip the other warning stages?

 

Hi, sorry to hear about that. Divorce is a horrible time in your life - try and be strong.

 

As regards work, it is likely that this will indeed lead to, '...a level two warning ...' i.e. a written warning.

 

You have 2 years service, and thus any dismissal will have to pass the 'overall test of fairness'.

 

For example, I could put in my employee handbook that theft = GM and this includes disposable biro pens.

 

Now if I were dismissed from my job, because I took a 10p biro pen home (by mistake), would this merit a fair dismissal?

 

As in your example the rule is classed as GM in the handbook, but as I often tell client's, the handbook is not the ultimate arbiter of fairness, the Tribunal is.

 

I doubt this would stand up as fair, and I doubt you will be dismissed, for a second absence. Remember if you were dismissed for GM you would lose the right to notice pay, contractual holiday etc.

 

My advice would be go in work, apologise, ensure you follow absence reporting procedures wherever possible, explain the background, and re-iterate that you will endeavour to attend work regularly going forward.

 

Please come back if you are dismissed for this.

 

Che

[h755bpx]

Well, no meeting has even been called yet and I am very eager to find out whats going on, as if I have no job, I need to find one. What can I do to hurry this along?

[h755bpx]

Meeting called for Friday at 10:00AM. I guess they want a full weeks work off me before they get rid.

[Zamzara]

If you are still working then it is unlikely a gross misconduct allegation would stick.

[elche]

If you are still working then it is unlikely a gross misconduct allegation would stick.

 

Have to agree as GM is conduct that 'shatters the contract', it undermines your employer's GM argument if they let you work for a week after the incident.

 

Good luck on Friday

 

Che