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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been a General Manager in one of the restaurants in

Customer Question

Good Evening ***** *****, My name is ***** ***** i have been a General Manager in one of the restaurants in UK. The issue is regarding gross misconduct and how should i defend againts unfair hearing / or even ufair dismissal. unfair
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure ***** *****, Thank you for your time. Give me a second i will explane the situation.
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Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you please some more details thanks

Customer: replied 1 year ago.
Hello Ben, Thank you...give me an second i will explaine the situation.
Customer: replied 1 year ago.
I have been working as a General Manager over an year in one company. My boses has been allways satisfied with my work and i never had any issues with anyone. Allways followed company procedures and standards. Suddenly i have been called and said that i have used wrong discount codes for family members and relatives. I used this code for my employees family members or friends as is clearly says on button ''Family & Friends 50%'' . so since my start i used this button several times is i was sure that i can use it. Today one of my bosses said that i can not use this button and i have been suspended due to this and company is taking legal procedures that i have been using this discount on personal use. I even record on the log that i used and and i also said to my supervisors that they can use it for the family and friends only, because i was clearly not aware of this. I never been a trouble employee, never had any issues, never call sick, allways give my best and because i was not aware of this, there is potential case that i will be sacked? Is there anyway i can defend my self and how should i do that? Thank you
Expert:  Ben Jones replied 1 year ago.

Is there a specific written policy which deals with this?

Customer: replied 1 year ago.
To be honest im not sure if there is any. The issue is also that when i started as a General Manager i had only 2 days for training and the rest i had to learn myself on the way. I was not aware of this and the boses can easily see if there is issue to speak to me after i use that we are not allowed to use this discounts. Also we had financial audits over the year and nothing has been mentioned to me as well and they found all satisfactory.
Expert:  Ben Jones replied 1 year ago.

And just o clarify - how long exactly have you worked there for?

Customer: replied 1 year ago.
14 months
Expert:  Ben Jones replied 1 year ago.

You will have one major hurdle here and that is your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So even if you have done nothing wrong, they can still dismiss you because you would simply not be able to challenge their decision. I know it appears unfair but it is the law.

Now, even if they can dismiss you, that does not mean that they will. So you still have a chance to save your job by trying to argue that the policy was never communicated to you officially, you were never told specifically of the rules of how to apply such a discount, you have used it (and I presume other have too) for some time with no issues, you were told by your supervisor that it is ok to use it and so on. These are all factors which will assist you and may try and sway their decision. However, remember that even if you have the best defence it may still not avoid a dismissal f that is the way they have decided this will go.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.