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Walked out of a shift. Is this gross misconduct?


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Sorry for the long post but here goes!

 

I am due to start a new job on August 3rd and am working my current job up until then. I have had issues with my current job which have been highlighted to the store manager on numerous occasions. I have been signed off sick due to depression during christmas last year and returned to work to be given an incident report for 'not listening to management' which had never been raised with me prior and i disagreed with.

 

I had another manager changing rotas last minute and then giving incident reports for not turning up when my rota stated i was off (this was later pulled my a new store manager) and various other incidents which have caused me a lot of stress.

 

On sunday there was an incident where a customer didnt have a trolley token, i didnt have one and neither did the other two checkout operators. I apologised and told her i couldnt give her money out of my till in case it didnt come back (some staff do this for regular customers but i will not) i told her if she found someone on shop floor they could assist her.

 

She then found the manager who proceeded to query whom shed spoken to and made comments i couldnt quite hear. When he returned from getting her a trolley i asked if there was an issue, and he started telling me i should have gave her the £1. So i said its my till and id get in trouble. He continued to argue with me as he walked off up the isle. The customer i was servinng at the time was disgusted with him.

 

He later pulled me into the office telling me i backchatted him and he was my manager i do as he says, and made allegations of previous times when id 'shouted over customers' at him. I asked why he was allowed to speak to me like crap but didnt expect it back. There was a heated argument and in the end i lost it and told him to cash up my till i was going home and walked out of the shift.

 

I went into work today and my shifts had been crossed off and my manager told me i couldnt work, walking out was gross misconduct, as was refusing to follow my managers orders (she showed me the following orders in the employee handbook though he never actually told me to give her money for me to follow, just stated i should have) I told her that i would have been in no state to work on the shop floor because if a customer was an arse (which i get daily) i was worried id snap.

 

Im angry that they seem to play the gross misconduct card as and when the please. The manager in question had had previous complaints against his regarding his temper and the way hes treated a staff member (shes also leaving because of him) and he has allowed a staff member to remain on shift whilst she was intoxicated. To me that is gross misconduct on his part and the staff members.

 

Im guessing i dont have a leg to stand on as i walked out but any advice would be great. I didnt want to leave under bad terms

 

Thanx

Rachael

Edited by honeybee13
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Yes it is misconduct, but you need to make an official complaint about the manager to the companies head office using the grevience procedure that the company will have. Do this urgently ! The managers behaviour sounds like bullying and the company should investigate it.

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It appears that they are trying to get you to leave on your own accord? If they want to discipline you hen this will take time and cost them money. Wait it out and get paid and leave when the new job is ready to start...

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He is a bully. Hes had a harassment including sexual harassment complaint lodged against him already but because myself and the other female are leaving they dont seem to be bothered about taking it any further. I told my manager this morning i wishes to lodge a complaint so she gave me some paper to write it. I told her id write it properly at home so i could make sure everything was in it. Annoyed they didnt even tell me not to go to my next shift so i went in at 4 this morning and worked a good 45 mins before the store manager came in and told me i couldnt work

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I was going to wait it out. I turned up for my shift at 4 this morning to see my shifts crossed out and told i couldnt work. I explained the situation to the store manager but she was vague on what i can do next.

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So your shifts were crossed out.

 

Are you on a zero hour contract?

Have you been suspended?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I am on a 35 hour contract and i dont know if im suspended or sacked or where i stand. I was simply told i could not work and the store manager had a meeting with the area manager about it later today.

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hmmm sounds like an informal paid suspension.

 

IF you do not get paid then thats something to remember

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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You have been prevented from carrying out your normal duties so if they dont pay you for the 35 hours you are contracted to work then it will be an unlawful deduction of wages. Your manager probably doesnt have the necessary knowlede or experience to know the ins and outs of the company disciplinary procedures and has just done what he feels like doing. You need to make a formal written grievance and send it to either the store manager or to HR. Let them know that you expect to be paid or they might forget.

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A grievance letter has been posted to HR at head office and a copy also emailed to the area manager. I was also unsure as to wether or not i would receive my outstanding owed holiday pay. The store manager said she was unsure what would happen to my remaining holiday pay, whilst another suggested that she thinks i lose it. Reading some posts would i be right in thinking that due to the Working Time Regulations 1998 that even if they try ti dismiss for gross misconduct after effectively being bullied off my shift, that they have to pay me any holiday entitlement remainibg up till my termination date?

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correct, holiday pay is a statutory entitlement, the company cannot remove it

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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you havent been dismissed as yet, just suspended so wait for the response to your grievance. If you are then told you have been dismissed then there are formal steps that have to be taken before that is the final word.

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Eric, ther has been no formal notice of suspension either. its sounding a bit wierd

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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