#Employment : Gross Misconduct - advise please

[Haswellian]

I wonder if anyone can give me some advise on what to do? The story is a bit involved, so if I miss anything out, please just ask.

I have worked for a company, but was employed by an agency for about 18months, which complicates things a bit. When I started working for this company, I was employed on a help desk, simply assisting clients with computer related problems. Also at the company was another guy who wrote programs, worked on statistics, liased with the client etc., He left and I was asked to take over his role. My manager (the company) said the due to the set up with the client and agency, he could not give me a pay rise, but would compensate me by paying the equivalent of 25 hours overtime a month. This arrangement worked well and everyone was happy. I worked hard, spending most nights at home creating new programs, finding ways to gather statistical info more economically etc., The point I am trying to make is that in addition to the extra work at work, I also worked on my own time ( and often under pressure) to make life smoother for my manager. However, about 4 months ago, he told me that he was unable to continue paying me anything more than the minimum wage I was originally employed on because apparantly he had been doing this 'under the table' and was worried that it was about to be discovered. Having thought it through, I decided to return to my original role, I did not see why I should take on the extra responsibilty, workload and stress in return for such a low wage. Since that day, my manager did not speak to me.

Fast forward to a month ago, I was really ill. I had a day sick, went back into work for 2 days, then gave in and literally collapsed, feeling as though I was dying:!:Went to the docs and was diagnosed with bronchial pnuemonia and issed with a sick note. When I took the note into work I was told I no longer worked there and was asked to leave the premises.

A letter came from the agency saying that I had been dismissed for gross misconduct - failure to follow the correct reporting procedures.

The procedure for sickness is to ring the agency every day, and also to ring the manager at the workplace every day. I rang the agency every day, but my manager would not answer my calls - I NEVER got to speak to him. I resorted to sending him text messages and also left a voicemail explaining why I was off work, but heard nothing from him. I will hold my hands up and admit that I did not contact him every day - I gave up when I could not get hold of him.

I assume that this was his way of getting rid of me - obviously he has told the agency that I did not contact him.

I don't want my job back, I know I have very few rights, but I don't want to be sacked for gross misconduct! On the letter from the agency, it says I can appeal the decision. Is there any point? I am so depressed over this whole episode and need any help anyone can give me.

Thanks for reading.

[Sidewinder]

Hi and welcome.

 

First and foremost you must appeal the decision, if only to try and clear your name. Gross Misconduct does not look good on anybody's CV, so you should appeal on the basis that proper procedures were not followed on the employer's part. At the very least you should have been entitled to a disciplinary hearing. You also need to make sure that you include the basics of what you have said here - you did report sick but were unable to speak to the manager in person, so had to resort to other means (I don't suppose you still have the texts?).

 

There is also the matter of your wages being reduced - probably too late to do much about that now, but it will quite possibly add weight to your case.

[Haswellian]

Thanks for taking the time to respond. I do still have the text messages sent, so that will help. Do I still have a right to disciplinary meeting as I am employed by an agency? Also, I am a bit frightened of bringing up the reduction in wages, if the manager has been doing this on the quiet, could they make me pay that back?

I will start to write an appeal this morning.

 

Once more - many thanks

[Haswellian]

Sorry, just another thought - I assume I will not be entitled to any dole money, given the reason for me being out of work. I am sitting here with 2 doctors notes, no work and no income. I need to start applying for jobs immediately, but what do I say about the reason for leaving my last job? Surely if I state gross dismissal, they will not take the application any further?

Sorry for being a pest, but the implications are just starting to hit home - help!

[elpulpo]

If the manager was paying you on the QT, you're in a position perhaps to do some bargaining. I think he'd be in the caca if that came to light. Maybe you can negotiate something.

I'd still apply for benefit. it's not clear-cut that they won't pay out if you were sacked.