Gross Misconduct

[Sidewinder]

I would encourage your son to appeal the dismissal. It may not do much good but it would at least allow another opportunity to explain his naivety and sincere belief that he was not doing wrong. That might allow a sympathetic ear to agree to provide a neutral reference if nothing else.

 

At the end of the day however, your son has justifiably (if harshly) been seen to having falsified a document, and by any token that would be grounds for summary dismissal and the employer would not be obliged to accept any request for leniency.

 

As for the comments regarding your son posting here, whilst we would all understand a parent's desire to look out for their offspring, I am sure that the comment was well intended. It is always difficult for us to get a full picture of what has happened if the information is going through a third party, and if it came down to an appeal hearing he would of course have to speak for himself at such a hearing, so it is always preferable to understand and interpret advice for himself.

[Sidewinder]

What I am finding frustrating is that I did this off my own back, my son can hold his own thank you, I did this post to get some advice just to let him know what he should do. you cannot be sure the comment was well intended unless you wrote it yourself.

I have already seen 2 posts on this thread deleted because they mention emmzzi and how she intentionally trys to flame people. whats good for the goose is good for the gander (delete her posts??).

Thanks for the advice.

 

Nobody is suggesting that your son cannot hold his own, and I did allude to the fact that it is natural for any parent to want to help their children in a difficult situation.

 

I do know that as with any long-term poster with a high reputation score, Emmzzi's advice is always well-intended. You may not appreciate the manner in which it is delivered sometimes, but this is the harsh world of the workplace and it is very often simpler to deal in straightforward facts delivered in a straightforward manner.

 

Any posts which were unapproved were removed as they added nothing to the case in point. Some were also, bizarrely, the first posts made by somebody, and were solely made to attack a respected member of the site.

 

However, returning to your OP, you said:-

 

he wants the gross misconduct off his employment record,

 

what can he do?[/Quote]

 

And you were advised that it may be best if he were to ask the questions and gain the knowledge for himself

 

Having been advised by a manager after the hearing that he should appeal, I think we all agree that he should do precisely this. The only way his record will be cleared is either to be reinstated on appeal, or by agreeing a neutral reference. He does not have the requisite two years service to take a case to a Tribunal, even if it appeared that the employer had acted incorrectly, and I do not believe that dismissal was an unreasonable sanction based on what you have told us. None of this will happen by itself but if we are to advise further or be in a position to help with an appeal, then believe me it is easier to get the facts, timescales, procedures used, policies etc from the horse's mouth.

[Sidewinder]

You are welcome. We sincerely hope that everything turns out well. Maybe not to be reinstated if that is not his wish, but as you say it is not nice to have a dismissal on record, and it does sound as though he may have some support from at least one member of the management. It may take a heartfelt appeal on the basis of misunderstanding and pure naivety about his actions, but stranger things have happened.

 

Whether studying or resuming employment, I wish your son well.

[Sidewinder]

That is good news. Thanks for the update.