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

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nelioneil

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Jan 22, 2013
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I think the OP sounds a little spiteful. Basically admitting they have deliberately under performed at work which has constituted dismissal. But the OP seems focused on bringing down the other people.

And if they all get sacked, it changes nothing for the OP, you are still out of that job.
 
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carl.atkinson

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Jul 14, 2014
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Would it be the case that you would need to sack someone who stole £1 in order to sack someone who stole £1000?
Yes. In order to ensure that the procedure was "fair" and that you could be confident of winning if there was a claim for unfair dismissal.
 
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carl.atkinson

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Jul 14, 2014
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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?
What you are referring to there is a situation where one of a group of individuals has greater responsibility than the others. The Tribunal would probably accept that as an employer you are entitled to expect a higher standard of "professionalism" (query how that is defined in your work scenario) from an employee who has greater responsibility than others. This is particularly relevant to "managers" because the Tribunals are still keen on the idea that the behaviour of managerial workers should differ from non-managerial workers. This could mean that you could try to justify a different sanction for such a worker, although I would advise against that course.

When you refer to "encouraging" others to behave in breach of contract you are introducing another disciplinary offence, consequently such an employee could justifiably receive a greater sanction than his/her colleagues because they had committed the offence and encouraged others to do so as well. It is not a like for like comparison with the colleagues who just committed the offence.
 
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carl.atkinson

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Jul 14, 2014
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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.
It's always difficult to get an accurate picture of what evidence was in front of a Tribunal based upon press reporting. Inevitably the press only report information which they think will attract and hold the attention of their readers/consumers. Therefore it's misleading to rely upon reports of cases where various sanctions have been applied (and accepted by the Tribunal) unless you can be certain that the employees all committed the same actions. Having said this you are correct in your reference to "mitigating circumstances" which should be considered by an employee prior to a decision to apply a disciplinary sanction. It could be possible that one employee has a poor disciplinary record and another has an exemplary record and that might justify different treatment. But again I would not recommend this - the safest option where several people are involved is to treat them the same.
 
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