Does Gross Misconduct always mean Dismissal?

[Stephen Galloway]

Quick Background: I work on the railway (Nights), deep cleaning the trains. I forgot to put a bit of safety equipment on the train before starting work. We have been trained on using this equipment. Another incident that night (not involving me) transpired which required the CCTV to be looked at. The CCTV caught me working without correct equipment as per rules.

This has led to an investigation in which I have been accused of gross misconduct by breaching health ad safety. Ive held my hands up admitted it was a mistake. I have told them about my mitigation but now await hearing next week.

My question is: Does gross misconduct always lead to dismissal? I know there wont be a straightforward answer to this just trying to find solace somewhere as I love my job. Luckily We have a great union and some remarkable individual reps in my workplace.

 

[Newchodge]

Quick Background: I work on the railway (Nights), deep cleaning the trains. I forgot to put a bit of safety equipment on the train before starting work. We have been trained on using this equipment. Another incident that night (not involving me) transpired which required the CCTV to be looked at. The CCTV caught me working without correct equipment as per rules.

This has led to an investigation in which I have been accused of gross misconduct by breaching health ad safety. Ive held my hands up admitted it was a mistake. I have told them about my mitigation but now await hearing next week.

My question is: Does gross misconduct always lead to dismissal? I know there wont be a straightforward answer to this just trying to find solace somewhere as I love my job. Luckily We have a great union and some remarkable individual reps in my workplace.

No.

But you need to speak to your union reps as they will have a better understanding of how your employer works.

 

[MikeHunter]

The advice to talk to your union rep is good. As to whether gross misconduct leads to automatic dismissal, it will depend on your company's policies, and whether they will take into account any mitigation. I obviously don't know about the specific health and safety issues involved, training you've been given etc. all of which will have a bearing on whether the company views it as gross misconduct. In general, if you are good employee with good history, the company isn't likely to want to dismiss if they can find a reason not to.

 

[MBE2017]

Considering this case involves not using safety equipment, plus equipment possibly related to health and safety, I think you have to expect the worst during a worldwide pandemic. Not judging, just posting my thoughts.

How your employer views it is down to them, and how serious they consider the digressions, and how serious others would view them if they ever came to light.

 

[Talay]

I'd be looking for a new job.