Sacked For Gross Misconduct What To Do?

I have recently been sacked for refusing a resonable management order whilst on a 2 day team building course at a hotel, I done the days activities. I ate my evening meal then when to bar area in hotel, by this time it was 20:45 (I was being payed for 8 hours). A management team member asked me to take part in a quiz, I asked if it was compulsory and was told it was not so I declined. Another manager asked and I declined. Two othe team members went back to their room so didn't take part and colleagues on a previous course never took part in it. I was called for a disciplinary later the following day and received a hand delivered letter the following day confirming it. I told my side and they sacked me for refusing a management instruction/acting in a innapropiate manner towards my line management. I am appealing to a higher manger but can't really see it changing anything, I only have been there for 4 months. I feel victimised. what would you suggest if i lose this appeal.
Additional Details
I had past my 3 months probationary, I am not a member of a union and yeah and I'm in the Uk.
cheers for your replies

Lion king

apply to mcdonalds (guaranteed jobs for anyone and there are no minimum requirements)

Well, said Alberto

If you have only been there 4 months, was there a probationary period invloved ? If you have not passed probation, you may not have any rights. If you have passed, see a lawyer because it sounds like a stitch up.

jamand

Depends what your contract says - if you are on probation for example 6 months - they could argue that you were not deemed suitable for the job and didn't measure up - however, if your letter from them says something different - i.e you were sacked for gross misconduct - then you need to go to the Citizens Advice Bureau in the first instance and then possibly a solicitor.

With a case of Gross Misconduct - the initial warnings that are normal do not need ot be given - this may be why they have done it

bails

Sounds very odd as others didn't take part. You didn't stay in the bar and get tiddly and annoy the ones doing the quiz did you? If not, I'd certainly take this further and would suggest you talking to ACAS. At the very least you'll find out exactly why you've been sacked.

Tango

Are you in a union? You could take your case to them, but remember, there are two sides to every story. It would be interesting to find out out what the managements views are first and why they proceeded with the action they took.
It sounds like unfair dismissal but you need to seek legal advice on this issue.

Marco M

So let's see -- you were on a TEAM BUILDING course, and refused to participate in a TEAM BUILDING exercises, because you weren't being paid for it, and now, they want you off the TEAM -- did I get that right?

Look, right or wrong, they want you to be a committed member of the group who will do whatever is necessary for the success of the group. Your behavior says " I'm hired to do X work for X dollars, and don't ask more of me."

Even if you work for a large organization which you can pressure into taking you back, you'd better change your attitude.

Andrew C

this is unfair dismissal. have em in a tribunal, take em for every penny

suzie2101

Take it further to like a tribunal. My partner did it was with ACAS, and he got payment but cud have had his job back he just didnt want it. As for the member from your management team, they sound complete idiots and it could have been left alone. I think the mangement thing has gone to their heads.Good luck hope all goes well.

teddy

Have you had any other warnings, verbal or by letter before this, as this is not a case for gross misconduct. As i don't know if you are in UK or not, but if you are i suggest try the Citizens Advice Bureau as a first step.

verrico98

That is the reason people go postal. It is a BS charge, you should fight it. However, if you were still on probation they may be able to let you go anyway.

sep101986

contact www.eeoc.gov they were great in helping my sister after being fired b/c she was prego and my husband when he gave a two week notice and got fired

crazeygrazey

An Industrial Tribunal will not consider any case like this unless you had been employed for six months or more unless it was discriminatory.

They obviously think you don't fit in so get another job and put it down to experience. You should, however, see what you can learn from your experience.

Most of us go through something like this.

goz1111

I do not believe your action would be construed as a gross misconduct, but on the other hand you are in a probationary period as such if they feel you are not with the program they have every right to release you from the job

the reason they place you on probation first is to see if you where a team player, you showed you are not

Ginny Jin

Do you really want to work with these people anyway. You are best out of it.

funnycunny

If you are in the uk, your rights & what you can do. can be found here.
http://www.direct.gov.uk/en/Employment/Employees/index.htm

Firstd1mension

If you're a union employee, you may be able to get some additional due process from them, but it depends on how long your probationary period is and whether your state has an at-will employment law. If either is the case, then there's little you can do unless you think you were discriminated against based on age, gender, race, etc. That doesn't sound like it's the case. So you should plan on finding a new job quickly and hopefully if you're civil about the whole thing they may still give you a non-negative reference to future employers.

Now obviously they didn't sack you for politely declining to take an optional quiz... it sounds like your team needed your assistance and you blew them off. I've managed many people who've managed people, and people aren't motivated to fire people unless there is a serious problem; if they wanted to skure you because they didn't like you, they wouldn't have asked you twice. They might not have asked at all... they could have just made something up to give management a reason to sack you. So I'd highly suggest focusing on being a team player next time around. That attitude of doing the minimum of what's required of you is what lands people in minimum wage service jobs.

wizjp

SOunds like you aren't in the US. HEre managers hire and fire at will; not much you could do about it.

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