Gross Misconduct or not?

[Jamie Walker]

I was recently fired for sending private emails from my work email. My boss presented me with 6 emails over the space of 1.5 years as evidence. He also presented me with private 2 invoices that admittedly I had downloaded to my work computer to send from my gmail account on my lunch break. I also, as a hobby was looking to start a festival and had in my lunch break been working on a budget for it which he added to his case. I have an anxiety disorder which causes me to miss work from time to time and I have the sneaking suspicion he used these private emails as a way of getting rid of me. He has sacked me for gross misconduct and left me in financial difficulty with no pay of notice.

Does this constitute gross misconduct? Do I have a case for appealing?

 

[obscure]

He has sacked me for gross misconduct and left me in financial difficulty with no pay of notice.

He can't legally do this. Even if it is gross misconduct they must pay you for all time worked, plus all holiday that was accrued but not taken, plus either your contractual notice period or statutory notice period (whichever is the greater). You can sue for unpaid wages.

Does this constitute gross misconduct? Do I have a case for appealing?

That will generally depend on your contract/company handbook. If the company has a clear email policy forbidding personal use then it may constitute misconduct. If they have no policy in place then probably not.

 

[Jamie Walker]

He can't legally do this. Even if it is gross misconduct they must pay you for all time worked, plus all holiday that was accrued but not taken, plus either your contractual notice period or statutory notice period (whichever is the greater). You can sue for unpaid wages.


That will generally depend on your contract/company handbook. If the company has a clear email policy forbidding personal use then it may constitute misconduct. If they have no policy in place then probably not.

He paid me up until the day I was fired and the company handbook says the policy is not to carry out private work in work hours.

 

[Newchodge]

If you have been found to have committed gross misconduct you can be dismissed without notice.

If you have worked there for less than 2 years there is very little you can do.

 

[Bob Morgan]

The 'Moral' of this post is more than clear! If ‘Company Policy or Regulations’ prohibit the use of company communications for personal use, then the rules also work in reverse! – Do not expect Employees to deal with Email, SMS Messages, and Telephone Calls in their own time!

 

[lesliedocherty]

Still need to pay you for your notice period and any holidays accrued, that's just the law.

I had an employer who had the mail server set-up so every email you received or sent, a copy went to his inbox.

 

[The Byre]

I apologise in advance for not addressing the OP's issue directly, but a great deal will depend on the nature and circumstances of the specific case. But I strongly suspect that this statement is the key -

My boss presented me with 6 emails over the space of 1.5 years as evidence.

They want the OP out before he hit two years service!

However, at the heart of this issue is the simple fact that most places of employment are hopelessly badly structured. They are still based on the absurd and feudal concept of paying for the employee's time and not for their productivity, profitability or other benefit to the company.

In a properly structured company, the employer would not care what the employee does during working hours. If they 'swing-the-lead' then they earn less. If they spend time texting, that is their affair.

In a badly structured job, the employee is paid for their time - and that reduces the line manager to having to watch over them, seeing if they are really working. It reduces the company to having to draft all kinds of silly and pointless rules and regulations. It reduces the employee to having to be treated like a child in school and having to think like a child in school.

There are plenty of business models, such as the hairdresser's chair, the brothel room, the Las Vegas barkeep, the car salesman, the garage mechanic, the project group, that allow the employee to be responsible for their own routines and conditions. There are just no more excuses for the Victorian idea that we pay for time and not for results.

 

[Bob Morgan]

Still need to pay you for your notice period and any holidays accrued, that's just the law.

I had an employer who had the mail server set-up so every email you received or sent, a copy went to his inbox.

Sounds like a 'Paranoid Employer!' It makes one wonder as to how many of those Emails he might actually read - I have been in precisely the same situation. He would even bring a Laptop into meetings, which would 'Ping' when messages were received. Notes were handed discretely around the Meeting Table, along the lines of "Yet another Viagra Discount Warehouse!" - Which we courteously left behind!

 

[Mr D]

The 'Moral' of this post is more than clear! If ‘Company Policy or Regulations’ prohibit the use of company communications for personal use, then the rules also work in reverse! – Do not expect Employees to deal with Email, SMS Messages, and Telephone Calls in their own time!

Pretty sure every employer I've ever had didn't expect me to deal with work stuff on my own time.

 

[Charlie B ACS]

Still need to pay you for your notice period and any holidays accrued, that's just the law.

I had an employer who had the mail server set-up so every email you received or sent, a copy went to his inbox.

For Gross Misconduct, you can be dismissed without notice! Though Holiday accrued needs to be paid.

 

[George Owen]

Harsh yes, but technically above board.

 

[Deleted member 307691]

I know you are getting contradictions here but please don't get your hopes up. 'Gross misconduct' is different from 'misconduct' dismissal exactly because it is more extreme and therefore without notice. I.e. why should a company pay you notice when you behave so badly that they ca't possible keep you on.

Whether it is extreme enough top warrant gross misconduct in the eyes of a tribunal (if you have the right to bring a case having 2 years service as @Newchodge pointed out) will depend on many things including what any policy says and how they've dealt with others who do the same.

 

[Jeff FV]

Pretty sure every employer I've ever had didn't expect me to deal with work stuff on my own time.

I can tell you've never been a teacher ...

 

[Mr D]

I can tell you've never been a teacher ...

No I leave that to my sister in law. She's the big earner.