Advice re dismissal for gross misconduct and appeal

[panickingmum]

Hi

First post for me on here, so many apologies if it is a bit rambly....

My situation in summary is as follows, was a Business Consultant for a bank, worked for 10.5 years for them. Have never been subject to any form of disciplinary procedure with them. Have had two 'proper' jobs previously, again unblemished record.

However, in my time with most recent employer I have had 3 children, took full year materntiy for each, reducing my working hours after each one. My eldest has a disability which further restricts my ability to work long hours etc. I was also off for 3 months last year dealing with the stress and anxiety surrounding his diagnosis.

Anyway, I have a company credit card which I knew very well was not meant to be used for personal use. Did use it by mistake a few times, then paid it back when realised my mistake. However, then got in to a spiral of not having enough money because paid the card off, then using it again, then paying it off etc etc. Have always paid it off, and did not realise I was benefitting from 0 interest and no fees by using it. This usage of the card did not in any way impact on my day to day duties at work, I work in IT also, and do not have access to credit decisions/ customer files etc.

Approx 1 month ago I got an email from a manager asking if the transactions on the card are mine, or had the card been stolen. I admitted they were mine, said I was extremely sorry, would pay them off immediately, and give the card back. I asked if I was in trouble, and was told not to worry, that this kind of thing happened all the time. At no time was I under the impression this email was a warning.

To cut a very long story short was then sacked for gross misconduct. I am not disputing what I did was wrong, and that I knew I shouldn't do it. However, I think a different sanction would have been more appropriate as the misconduct in no way impacted my ability to do my job. I also have an autistic child who is extremely distressed by change, and I am now going to have to sell our house as without my wage we cannot afford the mortgage. I have no chance of getting another job because they have told me that my reference will state I was dismissed.

As you can imagine this has devastated my life, I cannot eat or sleep through worry for my son. I know what I did was stupid, but I don't think my 10.5 years of umblemished service, or my very difficult personal circumstances were considered. I also think it was actually an excuse to get rid of me as I work part time, have been off sick, have a disabled child etc.

I don't want to be reinstated, I don't even want any money, I just want the oppurtunity to get another job, and I can't do that with this negative reference that does not actually reflect my umblemished performance record.

Do I stand any chance in an appeal? All procedures were followed correctly, they are a huge organisation. I feel like one very stupid mistake (and I am honest enough to understand it was MY stupid mistake) has ruined my life and my families. At the moment I actually feel suicidal through the guilt and shame of what has happened. I have worked so hard all my life, school, university etc. I have never ever been unemployed, I now feel it was all worthless and useless, and that our life is in tatters.

[honeybee13]

Hello there and welcome to CAG. Yours is a very sad story and I hope we can help you move on from this.

 

I don't claim to be an employment guru, but can I ask a couple of questions please? Do you have your contract or particulars of employment with you? If you decide to mount an appeal, this could be the starting point. And do you think there are any mitigating circumstances?

 

I understand that you feel bad, but people here don't judge others and will do whatever they can to help you. You need to stay strong for the sake of your children. You're not worthless at all, you have made a mistake, but we've seen other people turn up here in tatters and turn their lives around. You can too.

 

In the meantime, to keep the wolf from the door so to speak, are you receiving all the benefits you might be entitled to? There is a CAG Benefits forum and if you think you have anything to ask, you could send questions to them. Don't copy and paste this post, because you will have the site team after you for duplicating.

 

I won't tell you how to do all that, given that you're an IT person.

 

HB x

[panickingmum]

Thanks honeybee for your very kind words, Sunday is my worst day as i am used to going to work on a Monday, and I just feel so bad knowing I'm not. Obviously it is nice to be there for my children, but I have let them down so badly.

I know that my terms and conditions said I shouldn't use the card for personal use. I am not denying that, but it was not an instantly dismissable offence, it was at my manager's discretion. As my role/ performance was not actually impacted I just think a different sanction would have been better - perhaps removal of the card facility/ pay back any charges/ interest I benefitted from/ written warning? I don't know, I think I am probably being very naive to believe that big organisations could care less about personal ciircumstances. I broke the rules, so they have the right to sack me.

I have consulted a solicitor, interestingly she spends 80% of her time writing compromise agreements for sacked employees from this company....

[honeybee13]

Hello again. So you seem to be saying you could have been harshly treated, I think?

 

I don't want to put words in your mouth, but might there be any element of discrimination, which I think you hinted?

 

If you want to read up for yourself, you could have a look at the ACAS and directgov websites for employment law. Or the Equal Opportunities people on discrimination. I think it's the ECRC, can't remember offhand, and if I go to look, this reply will disappear.

 

Hopefully someone will help me in my blonde moment.

 

HB x

[Sidewinder]

Equality_and_Human_Rights_Commission

 

Not to dismiss any case for discrimination altogether, that one would be very difficult to prove, for your employer would have to have acted to dismiss you due to your sex, ie due to your childcare arrangments whilst giving preferential treatment to male colleagues in the same circumstances, or disability, through dismissal being as a consequence of your ongoing stress and anxiety (which would have first needed to be classed as disability as defined by the DDA) causing your actions.

 

Possibly more valid would be to explore the fact that your manager said "...(I) was told not to worry, that this kind of thing happened all the time...". It would strengthen your case if you had a copy of this email. For any disciplinary action to be fair, there would have to be a precedent in that on the 'all the time' occasions other members of staff were also dismissed. If not, then unless your actions involved a greater element of misdemeanour, then you should have received similar treatment to them. Put simply, if others have also misused a company credit card, and received a lesser sanction, then you may have a case for Unfair Dismissal. Also, if some of those cases involved male staff, then you would also have a case for Sex Discrimination, with the personal circumstances of your childcare arrangements causing inconvenience to the employer being a supporting factor.

[honeybee13]

Thank you Sidewinder, I think that's where I was trying to go.

 

HB