urgent help needed-one was sacked for gross misconduct and others were not

Status
Not open for further replies.

AKERS08

Free Member
Oct 8, 2014
10
0
35
Hi. A week ago I got dismissed from work for gross misconduct. I work in a call centre and was avoiding calls which I admitted to and asked for a second chance but was dismissed. Another 4+ people were called for the same thing. I just found out from 1 that he got a warning only. Can I take this further? I did avoid more than him but its the same gross misconduct regardless of numbers. Others are still being investigated but i think this is very unfair. Thanks for any help guys :) il be happy to provide any further info if needed
 
I think they will be taking the whole picture into account when deciding who to sack and why, not just, for example, you avoided 30 calls and they avoided 10. Length of time you/they were employed and how good they/you otherwise are at the job, how many calls will be a factor if it's a big difference, and anything else that comes into the decision making process that makes a difference to them. Without knowing the fuller picture to compare you to them I can't see how anyone can advise you as to if it really was unfair or not to sack you and not them.
 
Upvote 0

AKERS08

Free Member
Oct 8, 2014
10
0
35
Hi. Thanks for your reply.

iv been there 2.5 years and other person has been there 1 year. I had more calls abandoned than other person but overall my reference would have been a very good one other then that 1 blotch. Never late, 2 absences in 1 year. Call quality always above 90 percent etc.
I have never had any other issues in the job in that time. I admitted my mistake and ensured it will never happen again. there are still 4 people to have the disciplinary meeting.
 
Upvote 0

AKERS08

Free Member
Oct 8, 2014
10
0
35
In a 6 month period I had 100 they had 30. But in general I take more calls than that person. Also I will wait till the others get their decision made. But is it wierd one gets dismissed and other doesnt regardless of numbers as it was the exact same gross misconduct?
 
Upvote 0

fisicx

Moderator
Business Listing
Sep 12, 2006
35,625
10,794
Aldershot
www.aerin.co.uk
You got sacked, they didn't. That's the way it happens sometimes. Find another job and don't avoid the phone calls next time.
 
Upvote 0

AKERS08

Free Member
Oct 8, 2014
10
0
35
Lol thanks fisicx for your response. Very constructive. I came here for a bit of advice. I wanted to know is there anything I can do as one got sacked for gross misconduct and other who did the exact same thing, admitted it also like me only got a warning. Im not here to hear what I want to hear. Iv tried to provide all info I can and am looking for help and advice as it seems very very unfair.
 
Upvote 0
You avoided 3 times more calls and in one sense, so it's maybe worse in their eyes as you have been there longer and should know better than a person who's new and in their first year.

There is always a line that shouldn't be crossed and maybe 100 Vs 30 means that line was well and truly crossed. For example, someone could steal a bar of chocolate and get a final warning and another person could steal £100 from the til and get dismissed. Both theft but one deemed far worse than the other. And not forgetting the cost of the lost business of those 100 calls versus the lost business of the 30 calls. Is that a value to them? I would have thought so. It's probably worse when you thought the more established employee was the one you thought you could trust more. Just try and think of how it might look from their point of view.

You could always appeal your dismissal following your grievance outcome but you need to know on what legal grounds you can appeal. You can't just say 'you kept them on and not me' but they are under no obligation to discuss another employees situation with you if they don't want to. All they have to do is tell you why you were dismissed. It clearly isn't a case of any kind of discrimination or you would have said something. I am guessing that they will just say your offence was deemed a lot worse than the other person's and each grievance was dealt with on its own merits.
 
Upvote 0

carl.atkinson

Free Member
Jul 14, 2014
184
31
56
Manchester & London
There has to be a consistency of approach across all the examples of a similar disciplinary "offence", if this doesn't happen (which is your suggestion) the decision to dismiss you is highly likely to be "unfair". However if you win your unfair dismissal claim the Tribunal will make a significant reduction to any award of compensation that they make in your favour to reflect your "fault" contributing to the dismissal. In summary I think that you could win a claim but it will probably be worth less than you hope.
 
Upvote 0
Wouldn't that be if the case with each employee was the same level of "offending"? We have seen where some police staff for example, have been disciplined, and some have been sacked and some haven't depending on the nature/level of what they have done, even though all them were involved in the same thing. They deem some to have been worse so they take a harder stance. That's a pretty normal way to lever out a 'punishment' by way of dismissal.

I would have thought that each case is dealt with based on the bigger picture taking into account things we can't see here, that may make it not seem quite so unfair. It's just hard to say based on little information of the other people's cases to make that comparison as to whether it's unfair. I think once they show they keep all the other staff then consistency or inconsistency can be proven in their approach to sacking staff and on what basis, so maybe wait and see what happens there first.
 
Upvote 0

Nuno

Free Member
Oct 10, 2011
4,786
1,597
You got sacked, they didn't. That's the way it happens sometimes. Find another job and don't avoid the phone calls next time.
This is right. And, as you admitted, you were the worse offender. I'd be amazed if this even got to tribunal.
Interesting that you couldn't be arsed to actually do the job that you now seem to want, or perhaps it's just the compo you want. Will they let you keep the Employee of the Year Award y'think?
 
Upvote 0

AKERS08

Free Member
Oct 8, 2014
10
0
35
Lol and the others who avoid calls get away with it. Great comments from a few of u. I thought this forum was only for adults but I guess some kid's slipped in. Things happen for a reason and at least some are man enough to admit the mistake and would like to make amends. I dont want compensation of any sort. Just a fair procedure. thanks to the few that actually helped :)
 
Upvote 0

singhabhishek251

Free Member
Sep 24, 2014
79
5
32
To tell frankly you cannot take any legal action against them as far as you are caught in some action whether it is big or smaller and who has done what. You have been there for long term and still have not understand your requirement, which may hurt them,

Other thing can be salary they may think that we get 2 employees in your salary and they will work better than you. The whole thing depends on them when you are caught.
 
Upvote 0

AKERS08

Free Member
Oct 8, 2014
10
0
35
Hi chris. I dont have the handbook with me so cant say anything on that yet. We have never been warned about this. I hold my hands up and admit my error. We all make mistakes. I dont want compensation. I want to get advice from experienced people like yourselves as to what I can do. I will appeal it and see what happens. There are 4 more people yet to be given a sacking or final warning but I regardless of how many he she done its the same thing. One cannot be trusted more cos they did 30 or 50 or 70 as opposed to ones who may have done 100 or 150.
 
Upvote 0

Charlie B ACS

Free Member
Feb 21, 2008
1,088
254
Northants
Lol and the others who avoid calls get away with it. Great comments from a few of u. I thought this forum was only for adults but I guess some kid's slipped in. Things happen for a reason and at least some are man enough to admit the mistake and would like to make amends. I dont want compensation of any sort. Just a fair procedure. thanks to the few that actually helped :)
No they didn't "Get away with it" they were given a disciplinary sanction.

You were the worst, and you got fired. Life doesn't owe you anything. Move on, and learn your lesson!

PS, the "kids" you refer to are probably people with a hell of a lot of life & business experience, and have no sympathy with your situation. They are probably the kind of person who will pay your wages, and be more than a little annoyed at you avoiding work!
 
Upvote 0
Status
Not open for further replies.

Subscribe to our newsletters

ukbf logo
ukbf logo

Real community whatever your business.
Sign up to our full membership View Documentation

About us

  • Our community has been around for many years and pride ourselves on offering unbiased, critical discussion among people of all different backgrounds. We are working every day to make sure our community is one of the best.

Quick Navigation

User Menu