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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5092
Experience:  Over 10 years experience in general legal matters
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My son has been charged with Gross Misconduct. He is suspended,

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My son has been charged with Gross Misconduct. He is suspended, and now expects to be sacked. This charge is unfair - the management has constantly praised his work, but have now decided to use some other performance statistics, which show him in a poorer light. This after nearly 5 years service, and a flawless personnel record. He has taken advice, and though it seems a strong case exists for unfair dismissal, the understanding is that the costs of taking it through tribunal will probably exceed the value of any settlement.

That is crazy, and surely means that Gross misconduct is the cheap and nasty way of just reducing staff numbers?
Submitted: 10 months ago.
Category: UK Law
Expert:  Jo C. replied 10 months ago.
Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Thanks for your interest in me but this is an employment question which isn't my area.

We have an employment specialist though and I will pass it onto him. I think he's offline now but he will pick up soon.
Customer: replied 10 months ago.

For Jo C......ok, how will I know - will he email me?

Expert:  Jo C. replied 10 months ago.
Yes, you will get an email. There's no need to sit online.
Expert:  Jenny Mackenzie replied 10 months ago.
Hello and welcome to Just Answer, I am also an employment specialist.My name is XXXXX XXXXX I am able to help you now.Gross misconduct is not an appropriate sanction for an allegation of poor performance unless there is an allegation that the poor performance amounted to gross negligence.If this is not the case then the dismissal will be unfair and the appropriate action for your son to take will be to appeal against the dismissal and raise a claim in the employment tribunal. You mentioned costs which can be prohibitive, your son should check His home insurance policy as this might include Legal expenses cover. If you want any specific information about the process for this please let me know.If you are satisfied with my answer I would be grateful if you would give a positive rating. Many thanks.
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5092
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and 4 other UK Law Specialists are ready to help you

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