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Forum - Is an unintentional act Gross Misconduct?

Is an unintentional act Gross Misconduct?

Fri, 16/12/2011 - 00:20 — J.wilko

Hi,

Just wondered if anyone could post some things to look at for my issue. 

One of my relatives is currently suspended on full pay for an incident that happened at work, but has been told by his employer that the outcome is most likely to be gross misconduct. The long and short of the story is:He has worked for the council for the last 13 years collecting and delivering bedding and linen to care homes. His 13 year record is fully clean, and he regularly helps out with other jobs, and works overtime to support the team. He has recently been given a new home to deliver to. On the second time of delivering to that property, he got out of the van, but forgot to take the keys. Whilst walking away from the van, someone got in and stole it. He suffers from short term memory loss from an accident that happened years ago, but his employer is aware of this as it was detailed on the application form, mentioned in the interview, and before taking the job, it was requested that he goes through a full medical, which was carried out. Whilst I appreciate that it was negligent, and an act of misconduct to leave the keys in the van, it was purely a mistake, and without malicious intent. Is there any grounds to dispute dismissal for this case?Any help is really appreciatedJ

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Matt Huddleson's picture

Hello

I fear that I may be a little late in respect of this one, but in short yes, even unitentional acts can amount to misconduct (or indeed gross misconduct).

It seems that there may be some mitigating factors in this case, so perhaps all is not lost, but it happens fairly regularly that employees are fairly dismissed for what essentially amounts to gross negligence (whether or not it leads to a direct loss).

If your relative was dismissed, then they should take advice from a specialist employment solicitor who can advise whether they have a strong claim.

@MattHuddleson

Fri, 20/01/2012 - 13:37 — Matt Huddleson

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