summary dismissal pay help!

[Confused kid]

Hello everyone,

 

I`m in need of some advice please!

 

I was sacked yesterday at a disciplinary hearing at my work place, I was given a summary dismissal for gross misconduct. Before the disciplinary hearing I was suspended with pay for two weeks. As I was fired do I still get paid for the two weeks I was suspended? I know that I will be paid for outstanding holidays I have accrued and I am not entitled to "notice pay".

 

Also what is notice pay?

 

Thanks,

Confused kid

[leonmassey]

Depends largely on how long you have worked for them and you will need to provide a lot more back ground surrounding your situation.

[Confused kid]

I worked for the company for over 3 years I was dismissed for dishonesty/ breach of trust, got caught faking sick days to take more time off to visit my sick dad in hospital.

[leonmassey]

They should have been classed as compassionate leave.

I would contact ACAS as it would appear that you may have a case. You would be entitled to pay for the two weeks suspension. Have you a copy of your ex companies disciplinary procedures.

[leonmassey]

As you were dismissed on the spot there was no notice and do none to pay.

[Confused kid]

I dont want to go into too much detail here but my dad had a heart attack, as I work in Scotland and my parents live in England, I rang my manager and said I needed time off to go visit him, which I was allowed 5 days for. My dad started to get better and I returned to work, a few weeks later my dad`s health became worse, i couldnt focus at work, and asked for a few days off to go back and visit him and was told by my manager I couldnt have any more days off due to the inflexibility of the rest of the staff in the team and as assistant manager of the shop I had responsibility to work the days I was rota`d in for. After being refused time off, out of desperation to see my dad thats when I faked the sick days and got caught out.

Do you know how I would contact ACAS?

I had one somewhere, I`ll need to find it,

[Confused kid]

So am I not entitled to the 2 weeks of pay when I was suspended with pay?

[Andyorch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[Sidewinder]

So am I not entitled to the 2 weeks of pay when I was suspended with pay?

 

You ARE entitled to pay for the whole period that you were suspended right up to the point of dismissal, but you are not entitled to pay in lieu of notice had you resigned, or been dismissed for

a lesser offence than Gross Misconduct) you would have had a period of notice, which you would have worked after handing in your notice, or for which the employer would pay you 'in lieu' of you not working out your notice if you were asked to leave in circumstances other than for Gross Misconduct. With a GM dismissal you will nearly always lose the entitlement to paid notice.

 

Hindsight is a wonderful thing, but it would have been so different had you deemed yourself unfit to work through the stress of your dad's illness and sought the help of your doctor to reinforce that - the inflexibility or otherwise of colleagues to cover you would then have been something that the employer would have had to deal with! As things are though you will struggle to overturn this for on the face of it you were guilty of going AWOL and telling an untruth, which makes the employer have good grounds to claim that you have breached the mutual trust required in the employer/employee relationship.

 

Definitely worth an appeal, and by all means speak to ACAS for their opinion http://www.acas.org.uk/index.aspx?articleid=2042

[Confused kid]

Thanks for your advice Sidewinder, that has definitely made it alot easier for me to understand!

Do you have any advice on job hunting? I assume I will have to put this company down for a reference as I have worked for them for over 3 years. I think they normally give a standard reference of job title and dates worked, would they also add to that I was dismissed for gross misconduct? If they did add it to a reference would a future potential employer be able to ask my ex employer what the gross misconduct was for? I dont know if its worth finding another job in retail now after this or trying to find something else :/