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joannem1965, Advocate
Category: UK Employment Law
Satisfied Customers: 264
Experience:  LLB (Hons), LPC
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I have been dismissed on the grounds of gross misconduct due

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I have been dismissed on the grounds of gross misconduct due to not following the call guides set up by my previous company, I was found that some of my calls were not compliant and was dismissed, through the disciplinary meeting though the person who was conduction it kept saying "you are making a choice to not be compliant" yet later in the same conversation he stated that he knew from my character that I would not purposely mislead people for sale and i was not malicious in anyway for this. I find this contradictory, have you any advice that can help me?

Were you TUPE'd over from the previous company and how long have you been employed for?
Customer: replied 4 years ago.

i was with them for 3 years for the same company

Hi there if you've been dismissed you've got the following options now - you can appeal via the employer's appeals procedure first. You should've been given that option anyway. You'll be arguing that this shouldn't have been a dismissal as it doesn't appear to be gross misconduct and therefore your employer should've given you a warning instead especially if this was your first offence and you haven't been disciplined in the past. If you're appeal is not successful you're then only able to make a claim for unfair dismissal in the Employment Tribunal. Just be advised that there's a time limit to claim which is three months from the date you were sacked. It'll then be for the Tribunal to decide if the sacking was fair and if they find that it wasn't you could be awarded some compensation for being unfairly dismissed. Good luck
Customer: replied 4 years ago.

with the appeal process though, if the claim is that they say I am making a choice not to use the call guide given to me and then also say that they know i didn't do anything malicious and know i wasn't purposely mis-selling would you say that that is a god case to use or that it is irrelevent to my case?

it'll be relevant because malicious acts will be mnre serious than innocent ones so I'd recommend you use that as a defence and also say that it's not gross misconduct which is the only time they'd be justified in dismissing you instantly
joannem1965, Advocate
Satisfied Customers: 264
Experience: LLB (Hons), LPC
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