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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9280
Experience:  Qualified Solicitor
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I notified my employer three weeks in advance that I would

Customer Question

I notified my employer three weeks in advance that I would need to go away on a certain day to attend a family event organized by a relative who is terminally ill. I asked if I could swap my rest days and also pointed out that there was another member of staff who was trained to do my role.I was told I was not allowed to go even for the reason needed. I went anyways, which I realized is gross misconduct but I was Summarily dismissed on the day and had no notice, no pay not even a disciplinary hearing beforehand. They put it down to 'Having took a holiday day off unauthorized after being told the consequences' Which by the way, I had no idea I would be Dismissed for. The Manager has stretched the truth a bit to the Directors to totally put the blame to me.   I have two young children to provide for, no way would I have deliberately put myself in that situation. Is there anything I can do? Also the contract states the employer must give three months notice upon termination of Contract. It does not state this is non applicable under 'Gross Misconduct'
Submitted: 8 years ago.
Category: UK Law
Expert:  Thomas Judge replied 8 years ago.

How long were you there?

Customer: replied 8 years ago.
I was only there for 4 months but had completed my three month probation period succesfully. Even still though surely not they still had to give me a disciplinary hearing. I received a letter through my door whilst I was away (my mum opened it) advising me I had been Summarily dismissed. so no notice I only got paid up to that day. Now I am in debt and trying to survive on Job seekers. The Director had agreed with Manager because she said I should have known the consequences and it would appear I was not bothered if I got sacked and probably had another job lined up. Which by the way was not the case at all.