Gross Misconduct advice

[scooby66]

Hi Guys,

 

Just stumbled upon this place. Some advice if you could please? I have just been sacked from a managerial post after six years service for gross misconduct. Basically, I signed a form as a counter signitory to say I had checked something when I hadnt!

 

I have not been a saint and have had first and final warnings before but these were years ago and my conduct had been exemplary since. I have been working my arse off for this company who continue to understaff the branch, I had been working double shifts and back to back 6 day weeks so I am dissapointed to say the least!

 

I want to challege the decision but not sure if I have a case. My reasons I have stated on my letter which I am holding off sending are below:

 

There are other members of the team who are guilty of the exact offence as CCTV will prove.

 

There was an recently an instance of a check form being signed by another employee when no physical check had taken place, this was also deemed “falsifying a company document” but the employee remained in post. I was not on any form of warning for this or any other incident. This shows clear inconsistency when reaching the decision to terminate my contract.

 

I was not trained to carry out a physical check required. Whilst I agree I did compile the same check for another department on a weekly basis, I had been trained to do so by the Risk Manager. The two processes are completely different. If this is a “business critical procedure” adequate training should have been provided for myself and other staff.

The document should not have been brought out of the department by the stand in supervisor. Contact should have been made via the phone and a request for me to attend the department should have been made as with the weekly check in the other department. I was put under pressure to sign this as the department operative was “on his way home” and brought this up to me.

There is indication on the previous audit in March that this has happened before, the audit was passed and no one was disciplined at the time for similar issues

 

 

 

What do you guys think?

 

 

 

[Bazooka Boo]

In my honest opinion having been in a managerial role myself whilst it does go on that corners are cut, to openly admit that you knew of other regular occurrences will do you no favours at all, they will simply conclude that you were not fit to manage if you could see things going wrong and did nothing to correct them.

 

I think your first and second para hold more weight, mention the previous circumstance where the employee was kept on, and that their appears that there is no continuity with the discipline procedure.

 

Is the company looking at cutting it's staff anyway? Have they opted to give you the chop rather than pay you off??

[papasmurf1cx]

Sounds good to me on the basis of appealing the decision. Not so sure about the reasoning on the first one re cctv proving others do it too as their errors are not your errors... but showing a inconsistency of approach is good.

[scooby66]

In my honest opinion having been in a managerial role myself whilst it does go on that corners are cut, to openly admit that you knew of other regular occurrences will do you no favours at all, they will simply conclude that you were not fit to manage if you could see things going wrong and did nothing to correct them.

 

I think your first and second para hold more weight, mention the previous circumstance where the employee was kept on, and that their appears that there is no continuity with the discipline procedure.

 

Is the company looking at cutting it's staff anyway? Have they opted to give you the chop rather than pay you off??

 

Sounds good to me on the basis of appealing the decision. Not so sure about the reasoning on the first one re cctv proving others do it too as their errors are not your errors... but showing a inconsistency of approach is good.

 

 

 

 

Thanks for that, probably a good shout re: the first point!

 

Company is looking to save costs elsewhere but the managment team is vastly understaffed as it is, my dept pretty much crashed whilst I was suspended and we are two months from Xmas our busiest period. It makes no sense.

 

We do howwever have a new youung boss who has inherited some crap from the last boss, I know he has been warned about his own job saftey and think he is trying to be billy big balls by doing this and show everyone he means business!

[Bazooka Boo]

Company is looking to save costs elsewhere but the managment team is vastly understaffed as it is, my dept pretty much crashed whilst I was suspended and we are two months from Xmas our busiest period. It makes no sense.

We do howwever have a new youung boss who has inherited some crap from the last boss, I know he has been warned about his own job saftey and think he is trying to be billy big balls by doing this and show everyone he means business!

 

There you go, that is a much more positive spin on it, just bang on that they are coming up to their busiest period and you would at least like to see them through it, if they are not happy with your performance by the new year then you will understand if they want to let you go, but for all it's worth, you have been their for 6 years, you are current and have knowledge the company needs to see it have a successful Christmas period, it was an oversight on your part as the other department had also failed to follow normal procedure and the operative who offered the document to you to sign was under time pressure as they were on their way home.

 

In future you will not sign documents this way until you have had sight of the product and the correct procedure has been followed, please with a cherry on the top!

[scooby66]

There you go, that is a much more positive spin on it, just bang on that they are coming up to their busiest period and you would at least like to see them through it, if they are not happy with your performance by the new year then you will understand if they want to let you go, but for all it's worth, you have been their for 6 years, you are current and have knowledge the company needs to see it have a successful Christmas period, it was an oversight on your part as the other department had also failed to follow normal procedure and the operative who offered the document to you to sign was under time pressure as they were on their way home.

 

In future you will not sign documents this way until you have had sight of the product and the correct procedure has been followed, please with a cherry on the top!

 

Lol, I like it!!

 

I just dont think what I did can amount to gross misconduct without me being trained to carry out the procedure, the logic doesnt stack up!