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

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fisicx

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I want to get advice from experienced people like yourselves as to what I can do.
Nothing.

You got sacked for gross misconduct. The fact that others kept their job is irrelevant. There is nothing to appeal.
 
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AKERS08

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Oct 8, 2014
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Charlie b acs
Wow. Come for a bit of advice and get abuse and then people sticking up for the people giving abuse.
fyi above comment I have a personal business to, maybe not as big as some of you but if I had this done to me by a worker whos been there years and I respect. I would maybe find out why he did it. And I would give someone a second chance if they deserved it. Just saying.
 
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Charlie B ACS

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Charlie b acs
Wow. Come for a bit of advice and get abuse and then people sticking up for the people giving abuse.
fyi above comment I have a personal business to, maybe not as big as some of you but if I had this done to me by a worker whos been there years and I respect. I would maybe find out why he did it. And I would give someone a second chance if they deserved it. Just saying.

Abuse, really?

No you got peoples opinions, and because you don't like them, you think it's abuse. It's not fair!

Have you considered your former bosses may have had that same thought, but because of your Stats, you didn't deserve a 2nd chance, but those with better stats did?
 
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AKERS08

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Tbh I had beter overall stats when it came to monitoring and selling etc as stated in my earlier posts. In all honesty I had a moment of madness for a few weeks at work and saw what others were doing and thought id try it to.Yes it bit me in the ass but im man eenough to admit it and move on. As I said I dont want compensation I just thought its a bit fishy how one can get dismissed and one gets a final warning. Maybe cos the one who got final warning is leaving in a few weeks anyway so they can use him while its busy?
 
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beasty

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You should move on... what you did was gross misconduct and you were sacked, what happened to someone else is its own incident.. (Maybe unknown to you they said they were having a hard time and could not cope with people so had cut a few off) or whatever.

You are guilty of Gross Misconduct.. the next person may or may not be, but really, move on, what positive outcome do you expect to achieve or do you want the other person sacked too?
 
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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.


But you're getting advice and you don't like it and refer to us as "kids". The advice you're getting is from EMPLOYERS. Do you expect us to be overly sympathetic or just for us to arrange a whip-round?

In my eyes, you got what you deserved. Maybe they didn't, I might well have sacked the lot of you but would that have left my business struggling to cope? We don't know, you haven't told us.
 
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ethical PR

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Hi OP

As you're aware this is a business forum, so we will tend to see things from an employer's prospective. If you want something from an employee's prospective you may be better visiting some of the consumer forums. Or give ACAS a call.

Your focus should be on your own situation rather than what happened to others.

In terms of your original question - why not contact an employment lawyer if you feel you have a case and they will be able to offer you an initial fixed price consultation to advise you on whether it would be worth your while trying to appeal.
 
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carl.atkinson

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Nothing.

You got sacked for gross misconduct. The fact that others kept their job is irrelevant. There is nothing to appeal.
This is technically incorrect. Please see my post above which clarifies the position about consistency of sanction in relation to the fairness of the decision to dismiss
 
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This is technically incorrect. Please see my post above which clarifies the position about consistency of sanction in relation to the fairness of the decision to dismiss
But the OP has already admitted that the offences weren't consistent so why would the punishment be? All parties have been investigates (which is consistent) and the two for whom the investigations are complete have both been punished. The level of punishment difference because the severity of the offence differs.
 
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IanG

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May 8, 2011
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The others keeping their jobs IS relevant, because the sanction must be consistent.

However sounds 100 is loads and a lot more than the other guy.

Technically you have a case but pragmatically your own dismissal won't be overturned, its probably a big place, they've probably got an answer as to why the others were kept (far more to consider than just the call numbers) and even if you want to scrutinise that latter point, a lot of the debate is subjective anyway.

You may well find its unfair but then so is life, so it shouldn't surprise you too much.

In any case whatever you choose to do, you're still sacked. That won't change, move on.
 
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fisicx

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This is technically incorrect. Please see my post above which clarifies the position about consistency of sanction in relation to the fairness of the decision to dismiss
But the OP has admitted they ignored far more calls than the others so there is consistency in sanction.
 
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This is technically incorrect. Please see my post above which clarifies the position about consistency of sanction in relation to the fairness of the decision to dismiss


Yes, but the offences were different in the op's case, so there will be a difference in the severity of the punishment. The op admits his offences were more than 3x worse than the others.
 
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MBE1

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Jun 1, 2012
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Best thing OP is to move on.

If you wish to waste time fighting it go ahead, but do you seriously want to fight over this when whilst you were employed in the job you couldn't be bothered? Seriously for a call centre job? You could probably make more money cleaning windows.
 
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paulears

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You seem to have put more effort into posting in this topic than you gave to your job, which you didn't do properly because you feeling lazy? It also does make me wonder if your employers read this topic, and produced it to the tribunal - what would happen. The deed was done and admitted to - the fact it was the worst example sort of validates the 'gross' bit!
 
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carl.atkinson

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Several people have quoted my post and have suggested that the OP merited a greater disciplinary sanction than his colleagues because he ignored more calls. I don't think that an Employment Tribunal would take this view (which is why I have suggested right from the outset of this that the OP would probably succeed with an unfair dismissal claim but that he would receive limited compensation). Several people obviously find this difficult to understand so it may help if I clarify that a Tribunal would look at this situation and define the reason for the decision to dismiss (what is the breach of contract?) - the reason is because the OP ignored calls. It's not because he ignored 100 calls, or 50 calls or some other magic number. Once the Tribunal forms this view it's not logical that employees who ignored fewer calls (i.e. the same technical breach of the contract) are treated differently.

Imagine if this had been a scenario involving theft by a group of employees. It would have been perfectly understandable that an employee would be dismissed for theft, but a distinction based upon the value of the amount stolen would be illogical - i.e. one employee is dismissed because they stole £100 but a different employee who stole £50 is not dismissed.

I assume that the people who have posted on here are employers. If you think that you can impose different disciplinary sanctions upon a group of employees who all undertake the same breach of their employment contract you are running a significant risk of facing (and probably losing) litigation. If you want to run that risk I suggest that you take out litigation insurance or make friends with a solicitor.
 
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SwindonSteve

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Several people have quoted my post and have suggested that the OP merited a greater disciplinary sanction than his colleagues because he ignored more calls. I don't think that an Employment Tribunal would take this view (which is why I have suggested right from the outset of this that the OP would probably succeed with an unfair dismissal claim but that he would receive limited compensation). Several people obviously find this difficult to understand so it may help if I clarify that a Tribunal would look at this situation and define the reason for the decision to dismiss (what is the breach of contract?) - the reason is because the OP ignored calls. It's not because he ignored 100 calls, or 50 calls or some other magic number. Once the Tribunal forms this view it's not logical that employees who ignored fewer calls (i.e. the same technical breach of the contract) are treated differently.

Imagine if this had been a scenario involving theft by a group of employees. It would have been perfectly understandable that an employee would be dismissed for theft, but a distinction based upon the value of the amount stolen would be illogical - i.e. one employee is dismissed because they stole £100 but a different employee who stole £50 is not dismissed.

I assume that the people who have posted on here are employers. If you think that you can impose different disciplinary sanctions upon a group of employees who all undertake the same breach of their employment contract you are running a significant risk of facing (and probably losing) litigation. If you want to run that risk I suggest that you take out litigation insurance or make friends with a solicitor.
Just out of interest Carl, what would the situation be if the OP was a senior staff member such as a shift supervisor or even a team leader? What if the OP was entrusted with some degree of seniority albeit unofficial?

Would a tribunal take that into account if the employer found through the investigation that the OP was perhaps a ringleader or encouraged this behaviour amongst his less senior and less experienced colleagues?
 
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Whilst I understand that explanation Carl, which is useful if that is how they see it, but it doesn't make sense when you read these stories about people (lets take police offers, teachers or council staff, who are always in the news about their dismissals) receive a different outcome. e.g some get to keep their jobs and some do not, even though they have committed the same offence. In that, there are mitigating circumstances.
 
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