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Gross misconduct (appeal & possibly tribunal)


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Afternoon guys

 

Righty just after some advise or re assurance :)

 

I have been working for a company driving/escorting prisoners for 7 years until valentines day I was suspended for an investigation to take place, the company done me for gross misconduct 2 weeks later and I have jut had my appeal date through which is on the 28th.

 

Anyhow quick details so you can advise

 

Given a route which had a female prisoner to be collected and I as a male was on the back on the vehicle, during my training we were told that males should not sit in back with females so ive never done this, I questioned the route with my boss who said to me to either do the route or go home, he also stated that a new memo from the home office had come out stating males can transport females now so I asked to see the new memo as an employee I/we have the right to see these yeah? anyhow I was not shown this memo so I took the option of going home.

 

I sent an email to HR and asked for them to send me the company SOP (standard operators procedure) for transporting a female and the SOP does not mention anything about a male being able to transport a female prisoner so what do you think my chances are?

 

The manager who took my meeting who then sacked me could not give me an answer to the SOP and said I ask far to many questions to my managers.

 

Look forward to any points

 

Thanks Pete

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Supposed refusal of work...

 

"Given a route which had a female prisoner to be collected and I as a male was on the back on the vehicle, during my training we were told that males should not sit in back with females so I've never done this, I questioned the route with my boss who said to me to either do the route or go home, he also stated that a new memo from the home office had come out stating males can transport females now so I asked to see the new memo as an employee I/we have the right to see these yeah? anyhow I was not shown this memo so I took the option of going home".

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Did he actually give you the option of going home or was it more of a "do as you're told or don't bother coming back" type conversation?

 

No, if he had said if you go home it will be deemed as a refusal to work, then I would've not gone home.

 

But they did give me/us an alternative option as I was walking out though.. To pick up male custodies and then collect a female officer to pick up the female.

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No, if he had said if you go home it will be deemed as a refusal to work, then I would've not gone home.

 

But they did give me/us an alternative option as I was walking out though.. To pick up male custodies and then collect a female officer to pick up the female.

 

And then what happened? Was the option to go home still there? Were you at any time told if you went home it would be deemed refusal to work?

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And there in lies your problem .Quote:.....`.But they did give me/us option as i was walking out, to pick up male custodies....`

 

Your refusal can now be classed as `Gross insubbordination`

 

Your best bet is to grovel as much as you can and beg, no use getting further up their backs by asking to see `the memo` or any other document.

 

You were given a choice where the needs of the business come first, and you chose to go home.....sorry if it sounds harsh but thats how i see it.

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Do you have a union rep?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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What do you mean by "..they give me/us option as I was walking out.."?

 

Was there someone else there?

 

What normally happens in these circumstances?

 

Did you tell your boss that you would be going home or was he aware that you were going home?

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