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Gross Misconduct/conduct ?
My 17 year old son works part time and was suspended last week for allegedly ‘bringing the company into dis-repute’ because of a comment he made on an online social networking site. He has gone through his wall on the site and the only thing he can find in relation to naming the company is in a thread where he and a friend were discussing having nothing to do on a Saturday night and his friend said ‘go to …….’ (his place of work) my son said ‘nah …… (his place of work) is…. a four letter word which could mean rubbish. If this is what they are saying has brought the company into dis-repute it has been taken out of context and seems a bit extreme. He was told it was Gross Misconduct but when we have read the company policy on discipline it comes under the category of ‘conduct’ and the policy stated this is not a sackable offence. Can anyone offer any advice please?
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Misconduct is a valid reason for dismissal, though not typically on the first offence. It more typically follows a series of documented warnings (for misconduct), the last of which would be a Final Written warning. Failure to improve following such a warning may lead to dismissal with notice.
Gross Misconduct means a fundamental breach of the contract by the employee, ajudged so severe that the employer terminates the contract without notice.
The employers policy ought to state what the appeal process is - there is no harm in following that through.
If that still leads to conclusion that the employee believes to be unfair, the remedy is then to take the matter to an Employment Tribunal for unfair dismissal, however this is not possible unless the employee has at least 12 months continuous service.
The only other possible remedy (if the employee doesn't qualify to put the case to ET) would be a civil court action to seek to show that the gross misconduct dismissal without notice was inappropriate, and that damages should be paid based upon the notice pay denied. Frankly that doesn't sound worth the effort.
Gross Misconduct means a fundamental breach of the contract by the employee, ajudged so severe that the employer terminates the contract without notice.
The employers policy ought to state what the appeal process is - there is no harm in following that through.
If that still leads to conclusion that the employee believes to be unfair, the remedy is then to take the matter to an Employment Tribunal for unfair dismissal, however this is not possible unless the employee has at least 12 months continuous service.
The only other possible remedy (if the employee doesn't qualify to put the case to ET) would be a civil court action to seek to show that the gross misconduct dismissal without notice was inappropriate, and that damages should be paid based upon the notice pay denied. Frankly that doesn't sound worth the effort.
I know for a fact that several companies use Facebook to check up on employees. Comments that are slagging of said company or 'recovering from hangover' on their status when they phoned in sick, will all be used against someone.
My tip is never mention work on social networking sites and most importantly NEVER add a work colleague as a friend. If you think the latter is over the top, I know someone that 'grassed' their friend to a boss over a comment. Both were in line for a promotion. Guess who got the promotion.
My tip is never mention work on social networking sites and most importantly NEVER add a work colleague as a friend. If you think the latter is over the top, I know someone that 'grassed' their friend to a boss over a comment. Both were in line for a promotion. Guess who got the promotion.
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