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Matthew J
Matthew J, Solicitor
Category: UK Law
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Experience:  4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
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Can I be accused of Gross misconduct of companies policies

Resolved Question:

Can I be accused of Gross misconduct of companies policies and a breach of contract if there is no such mention in the contract and NO staff hand book has been issued?
Submitted: 1 year ago.
Category: UK Law
Expert:  Matthew J replied 1 year ago.

Matthew J :

hi I will try and help

Matthew J :

can you tell me a bit more about your situation? what are you actually being accused of doing?

Customer: Hi I am working for an website wich Deals with adverts. On line and I have been accused of helping the advertisers with advices
Customer: I just read my contract and there is no mention of not helping them, or any privacy policies in place or a staff handbook
Customer: They recorded some phone calls in which they say I went over my attributions, but there is no limit where my attributions are ending
Matthew J :

thanks

Matthew J :

sorry could you just help with with what you mean by "...helping the advertisers with advices"?

Customer: By helping advising them what are the better spots and how they should place the adverts
Customer: The idea is that they accusing me of something which my employer has not mentioned in my contract of employment or neither in the staff hand book , a staff hand book which It doesn't exists
Matthew J :

so am I right in saying that they say you should be selling advertising space, but not giving further advice about how ro where they should place the adverts?

Customer: Yes but this is not mentioned in my contract or I have never signed such and agreement
Matthew J :

ok

Matthew J :

how long have you worked for the company?

Customer: The contract which I signed doesn't have any mention of companies policies
Customer: 12 months
Matthew J :

just to be clear what date did you actually start your employment?

Customer: 9 of April 2012
Matthew J :

I see

Matthew J :

ok there are a few things that you need to be aware of

Customer: Oki
Matthew J :

1) Gross misconduct is a common law phrase. There doesn't have to be a statement in your contact of employment for your employer to accuse you of it. For example there doesn't have to be a clause saying that you cant punch someone on the premises it is taken as understood that if you do you will be accused of gross misconduct

Matthew J :

2) Having said this your case is slightly different as the reasons why they say your actions are gross misconduct are less clear than the example in 1 above.

Customer: Oki so what can I do?
Matthew J :

3) However this is largely academic. The law changed last year. Anyone employed after 6th April 2012 is only protected from the unfair dismissal laws after they have 2 years service under their belt. As you don't the reality is that they can choose pretty much any reason to dismiss you and not have to justify it.

Customer: So basically is nothing much I can do?
Matthew J :

I am afraid so. I am sorry that this is not a great answer for you but sometimes I just have to tell clients the facts. I hope it has been of some assistance to you.

Customer: It wasn't the answer I was expecting to get but this are the facts , I will see what ever happens tomorrow after the meeting and what agreement will reach together
Matthew J :

Good luck with everything and I hope things work out. If you could click on the smiley face then I will get paid for my time today. All the best.

Customer: Thanks
Matthew J, Solicitor
Category: UK Law
Satisfied Customers: 550
Experience: 4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
Matthew J and 7 other UK Law Specialists are ready to help you
Expert:  Matthew J replied 1 year ago.
Hello

I hope that my advice assisted you, and all has gone well. If you have time then I would welcome an update.

If you have any other legal questions then please post "FOR MATTHEW J" before you ask your further question and I will endevour to come back to you. I may not be online at that particular moment but will come back to you as quickly as I can.

All the best

Regards

Matthew J

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