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Hi,

I was recently dismissed from my job for gross misconduct (health & safety)
Misconduct:

1) Selling out of date drink (Innocent juices)
On one instance a out of date(1 day) bottle was found on shelf by operation manager. (None were sold, no complain from any customer) It was very busy day at shop and we were like always lack of staff and so shelf checking got delayed.

As i am unit manager i was blamed for this that it was my responsibility as manager. Saying that as we are always lack of staff as a manager i have to work similar as other staff, manage them, handle delivery, check stock almost everything. I have only 1 reliable staff at work such is there recruitment. I understand we should not have those drink on shelf (They stayed there few hours on other day) but is this really a reason for dismissal ?

2) Mouse dropping
Mouse dropping came in one of the audit which were in staff cloakroom not near any food products also audit said that they were at hard to reach area. We do clean shop regularly. Again as unit manager i was blamed for this.

With regards to mouse dropping issue, there were few other instances of this in history but no action was taken for this. This mouse dropping are not severe they are just few bits found and it's the problem with venue and many shops have the same issue.

I don't feel this 2 points should result in dismissal as gross misconduct.
Again similar issue have been found in other shops in same company but no action were taken on those people but only me. I have been working in this company for 7 years and everyone know my performance and work. But the problem recently is most of the HO have new employee and they are on mission of removing some employees. Before me few people have left the company reason unknown.

I would like to know what you people consider the above situation ?? Justified for dismissal ? Is it gross misconduct ? Any other action would have been appropriate then dismissal ?

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I would suggest in the first instance a verbal warning at  most a written warning.

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Check what your contract says and ring ACAS.

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I would ring ACAS see what they say. My initial thoughts would be at most a verbal but nothing beyond, giving you a chance to rectify. Not gross misconduct i dont think, specially if you are under resourced and have meetings [minutes] saying so to the employer.

You need to appeal the dismissal in writing to the company for any further progression of taking the matter further

Edited by L.U.C.A.S

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On 17/01/2020 at 19:31, Hybridv said:

Hi,

I was recently dismissed from my job for gross misconduct (health & safety)
Misconduct:

1) Selling out of date drink (Innocent juices)
On one instance a out of date(1 day) bottle was found on shelf by operation manager. (None were sold, no complain from any customer) It was very busy day at shop and we were like always lack of staff and so shelf checking got delayed.

As i am unit manager i was blamed for this that it was my responsibility as manager. Saying that as we are always lack of staff as a manager i have to work similar as other staff, manage them, handle delivery, check stock almost everything. I have only 1 reliable staff at work such is there recruitment. I understand we should not have those drink on shelf (They stayed there few hours on other day) but is this really a reason for dismissal ?

2) Mouse dropping
Mouse dropping came in one of the audit which were in staff cloakroom not near any food products also audit said that they were at hard to reach area. We do clean shop regularly. Again as unit manager i was blamed for this.

With regards to mouse dropping issue, there were few other instances of this in history but no action was taken for this. This mouse dropping are not severe they are just few bits found and it's the problem with venue and many shops have the same issue.

I don't feel this 2 points should result in dismissal as gross misconduct.
Again similar issue have been found in other shops in same company but no action were taken on those people but only me. I have been working in this company for 7 years and everyone know my performance and work. But the problem recently is most of the HO have new employee and they are on mission of removing some employees. Before me few people have left the company reason unknown.

I would like to know what you people consider the above situation ?? Justified for dismissal ? Is it gross misconduct ? Any other action would have been appropriate then dismissal ?

You have 3 months from your dismissal date (+ 1 day) lots of info by having a simple search on the internett,  give you some idea of putting an apeal together. No Union? i'd have thought having worked as a manager you would have come across this type of thing before. Usual thing New HO or manager wanting to make a name for them selves  (or even bringing in someone in they know) think they can run rough shot over any rules and the law of the land.

Make sure you keep every thing and get it wrote down, keep your own Diary, dates, time, places, witnesses never go to any meeting on your own. Best of luck.

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10 hours ago, Rockers rule said:

You have 3 months from your dismissal date (+ 1 day)

It’s three months less one day.  As already suggested, put in an appeal and contact ACAS / a solicitor. 

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14 hours ago, Sheffield87 said:

It’s three months less one day.  As already suggested, put in an appeal and contact ACAS / a solicitor. 

Oop's, my Union official day are long gone. but the advice is the same. don't wait get that appeal in.

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11 hours ago, Rockers rule said:

Oop's, my Union official day are long gone. but the advice is the same. don't wait get that appeal in.

Same here - a verbal warning or first written warning at the very most, not Gross Misconduct in a million years.

 

Link to ACAS website below;

 

https://www.acas.org.uk/helpline

 

Good luck!

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