sacked for missing one shift

D

dempster

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Hi, I wonder if any one can help.

My 20 year old son got a phone call from work yesterday to say that he should have been at work an hour ago.

He either misread the rota for the first time in 18 months or they changed it and he wasn't aware. His rota is different every week.

He said he would get there as soon as possible but they told him it was gross misconduct and sacked him.

He has never had a day off sick or made this mistake before.

Surely this cant be right.
 
Terrible behaviour on the company's part. I'm guessing there's no union representation in the company. Check this site for info and the next step
[broken link removed]
 
Was your son a permanent employee?
Did he sign a contact and if so what do the terms and conditions say about gross misconduct and what information does it give on the disiplinary process?
 
You are perfectly correct, it's not right in so many respects, so here's what he should do if you want to proceed formally:

1. Write to the employer making mention of the verbal notice of dismissal in his letter and contesting that proper procedure wasn't followed
2. Request that the employer provide a written reason for his dismissal and a copy of the company's code of conduct/disciplinary procedures
3. Activate whatever appeals procedures are in place in the company
4. Ensure that if he attends any meetings that he is accompanied and that a record of the meetings is kept
5. If that doesn't work then post again and we can go through next stages

However, before you go down the formal route I would suggest, depending on the "temperature", that your son contacts the employer by phone and asks if they can sort this out. Do not, under any circumstances, attempt to engage on the phone in sorting it out - purpose of the call is to inquire if there is will on the employer's part to meet to sort out matters and to arrange a neutral place and time for that. They should meet in a public place, coffee shop etc and your son's point should be that he values his job, he wants to keep it, that his record was impeccable, if there was a misunderstanding then he is sorry for that but that it doesn't warrant a dismissal and that he would like to go back to work. If the meeting is not going well then he should say thank you for meeting me and walk away. Then activate the formal mechanisms.
 
yes he is a permanent employee. We have read his contract and this is not deemed as gross misconduct. They state they have certain procedures that they will follow if problems arise but he was sacked on the spot. He is a quiet fellow and finds it hard to argue his case.
 
Not to cast aspersions, but be sure though that you have the full story from your son - he may not have misread a rota or been off sick before but he may have been disciplined on other occasions.

Regardless, 'gross misconduct', if that was the exact phrase used, almost certainly does not apply to missing work once.
 
Can he ring someone else in the company who is higher again - you'd be surprised how many managers think they can sack people whenever they feel like it but have no authority to do it.

If he has no luck here I would get him to write to the comoany outlining what happened and state that he will be atking a case for unfair dismissal.
 
Suggest son present himslef for work at the start of his next shift and his supervisor will have to deal with the matter. Son needs to show he still wants to do his work and get over whatever over-reaction someone else has.... Even though he is quite there must be somebody he can talk to after 18 months even if it is to support him at meetings with his supervisor , union or no union. He neesds to let his fellow employees know what is going on as well. If it can happen to him it can happen to them....
 
dempster said:
yes he is a permanent employee. We have read his contract and this is not deemed as gross misconduct. They state they have certain procedures that they will follow if problems arise but he was sacked on the spot. He is a quiet fellow and finds it hard to argue his case.
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If they didn't follow the procedures contained in the contract then you have a strong case against them for unfair dismissal. As mentioned above your son could try and sort it out with them or he could make an application to the Employment Appeals Tribunal. As mentioned above, make sure you are getting the full story from your son though!
 
If the facts are as presented the employer is completely in the wrong. It doesn't matter if there was a contract or not. Even if there is a contract and even if missing one shift (or being late for one as was the case here) is deemed to be gross misconduct this will not stand up at an Employment Appeals Tribunal.
I cannot put conditions or definitions in the contracts that I give my employees that are not reasonable and being late for work cannot be reasonable described as gross misconduct.
Sorry for labouring the point but employers that behave like this annoy the hell out of me.
 
Don't get him to argue his point with the company go straight to a solicitor to argue his point for him, and I believe he would win any sort of lawsuit. I am in management and no way if all you say is true can this be accepted. You must insist on a full copy of their policy regarding such matters at once.It looks like they could have been waiting for an excuse and if this is the case then go the legal route.He should get a settlement and then find a new job .Make sure he is telling you the whole truth. best of luck,
dempster said:
yes he is a permanent employee. We have read his contract and this is not deemed as gross misconduct. They state they have certain procedures that they will follow if problems arise but he was sacked on the spot. He is a quiet fellow and finds it hard to argue his case.
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took your advice and presented himself at work but they told him to go home as a no show was gross misconduct. He went to the CAB that have adviced him that they are wrong. I have no reason not to beleive him he is a good quiet lad and has regular work assesments that have never been negative. They have stated that they will phone him to arrange a meeting. Would i be able to go or would i be best not to. I dont know if i could just sit and listen without getting involved.
 
Please do not go in with him yourself as you are emotionally evolved and probably have no experience in this type of matter get someone in the legal profession or someone you know who is in a management position themselves and have first hand experience. If they do not offer him the chance to bring someone in with him then they are leaving themselves wide open for a big fall. If they don't then they are very unprofessional ie good chance they are a family run business or a very small company. He should insist on bringing someone with him and he does not have to say who this person is. I have dealt with HR issues for a long time and they seem to be very unprofessional. Feel free to ask any questions or even if you wanted to ring me just PM me. Remember they are bullies so be careful
dempster said:
took your advice and presented himself at work but they told him to go home as a no show was gross misconduct. He went to the CAB that have adviced him that they are wrong. I have no reason not to beleive him he is a good quiet lad and has regular work assesments that have never been negative. They have stated that they will phone him to arrange a meeting. Would i be able to go or would i be best not to. I dont know if i could just sit and listen without getting involved.
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Your right i wont go with him. it is not a family run buisness it is a very large 5 star restuarant, bar, hotel etc.., very exspensive place. He has been waiting for a call back all evening but when he phones he is told they are in a meeting. I will make sure that he takes this futherand let you know how i get on. Thanks for all your replies
 
Good luck with it and keep us posted. Sounds like disgraceful behaviour on their part.....
 
Personally I would recommend you get some sort of "official" companion to go to any meeting with him, a solicitor if necessary. Your support is one thing, and it will be very helpful to him, but it is entirely something else for an official person to tell him that he is in the right and should not accept the behaviour of his employer.

If he's a quiet lad as you say then an incident like this could have a major effect on his self esteem, so he needs to have it sorted. Best of luck, I hate hearing about people being treated badly like that.
 
Sounds like they're giving him the brush off already by saying they're not available to take his call. i wouldn't let this slide too long. Get in touch with a solicitor and have a registered letter sent ASAP.

It sounds like they may have been looking for an excuse to let him go and that as soon as he put a foot wrong they came down hard on him. Maybe I'm wrong but either way, they've acted incorrectly and illegally.

Turn it over to the professionals. Act swiftly and contact a solicitor.
 
dempster said:
Your right i wont go with him. it is not a family run buisness it is a very large 5 star restuarant, bar, hotel etc.., very exspensive place. He has been waiting for a call back all evening but when he phones he is told they are in a meeting. I will make sure that he takes this futherand let you know how i get on. Thanks for all your replies
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Does he have a years service with the company, if so tell him to get on to [broken link removed] and download a form called a t1a and send it back immediately
 
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