Wrongful dismissal?

[moswinner]

Any advice on this one please. A couple of weeks ago I lost my Job of 25 years for leaving, by accident, a Controlled package sucured in a locked container on my van overnight. the van was also locked and secured at the depot with about 17 other vans. The management knew I was not feeling 100% because the day before I informed them I was taking "Cold and flu" remedy. On the day in question I was still feeling poorly and was at work for 12 hours and 40 minutes that day. I cleared my van of all other "returns" but totally forgot that I had the controlled item on board. This is a sacking offence and they call it "Gross Misconduct"!! Can they really call it Gross Misconduct if I wasn't even aware of it at the time?

[daffy654]

Yes they can, it was your job to be aware.

[boxtops]

I think so, yes - you must have know that it was in your van, and that there is a protocol for doing whatever you should do with it, at the end of the working day.

[tonywiltshire]

Probably, gross misconduct in one area of employment might not be considered to be so serious in another area of employment. It should have been made clear to you what your employers considered gross misconduct in your area of employment, examples should be given in your contract of employment but it also should have been made clear that the examples are not exhaustive.
Does your action fall within the examples given?
If you are a member of a trade union talk to them over your dismissal
If you believe you have been unfairly dismissed you can take your ex-employer to an Employment tribunal, but make sure you keep within the time limits for this action.

[joko]

check your contract - if it says as much then they can do that - and it is your job presumably to know whats on your van.

i would suggest perhaps writing to them explaining the circumstances - the medication, being unwell, long day etc, but continuing so as not to let them down and apologise profusely, promise it wont happen again, and ask them if on this occasion they would give you another chance

they can only say no.

be careful not to sound accusatory, defensive and whiney with comments like "you knew i was ill", and "how would you like it if you had done a 12 hour day etc" or "its only a package" etc ... just be apologetic and humble...

[Maydup]

Have you been through a disciplinary procedure? If so you will have had your chance to apologise, plead with them and alsorts, but you should also have the option to appeal whihc might be worth doing. Hoever at our place you'd have to have done that within 7 days of the decision to dismiss.

If you haven't been through a disciplinary, then you have a case for wrongful dismissall. Everyone has the right to a hearing and if you haven't had one then get some advice from either a union rep or ACAS.

Unfortunately I'm not too confident for your result as its up to you to either look after the package or to phone in sick if you're not well enough to do so. But I wish you luck with it and be polite and graciosu as joko says.

[moswinner]

Thanks for all your advice everyone, I just feel that after 25 years of getting it right it is very harsh for a first offence.

Have a great Christmas

[buildersmate]

You didn't answer Maidup's question as to whether there was a disciplinary interview conducted? There should have been - even for a dismissal considered by the employer as gross misconduct. Then, after the decision was communicated to you (which should have been followed up in writing), you should have been offered a right of appeal. Did this happen?
If one or both of these things did not happen, it is worth talking to ACAS for advice.
If the event that you are held as responsible for (allowing a controlled package to be left insecure overnight) is indeed regarded by your employer as such a critical event that it warrants dismissal as gross misconduct, then it is probably better for you to focus on whether the employer followed the correct procedure. Even for gross misconduct events, the employer must follow minimum process, otherwise the decision may be unfair - and hence possible to challenge. Good luck and post again if you want further advice.

[AlBags]

What constitutes a 'safe area' for these 'controlled packages' then?
If the van was secured in a secure area, they may meet the requisites.
It is harsh .. too harsh really.
I would not be surprised if an Employment tribunal found this charge of gross negligence (a sackable offence) unreasonable.

[factor-fiction]

Yes it sounds harsh but we don't know what the item was.
There needs to have been a disciplinary process for this.


I see Buildersmate has unknowingly picked up a gravatar logo as an avatar

[AlBags]

There probably is!
'Leave it on the van and you're fired' procedure. : )

[buildersmate]

Didn't do a dicky-bird Factor. How do I get rid of the damn thing?

[factor-fiction]

Don't worrybuildersmate- I got rid of it for you at 11.00pm

[factor-fiction]

* if it's still there, buildersmate, pressing 'refresh' should now make it disappear

[buildersmate]

Phew that's a relief. Thanks.

[factor-fiction]

These avatars are appearing at random, buildersmate- i got the G avatar last week- but they usually last only an hour.