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gross misconduct

peter0003

Dear All,

          Let me explain back in Feb 2011, I was fired for gross misconduct & for being honest about being asperger syndrome suffer which they didn't now about before hand. The charge of gross misconduct was brought against me was more of a sexual nature as the customer's photos were showing her skinny dipping. The lady in question had put her memory card in to our computer to get photo's and i was trying to help her when I saw her naked body  so on seeing these photo's I made a comment which may have upset her.  

          When I went to the hearing to see managment i took details about possibly having asgerpers which put nails in my coffin as when they read this information they discided to fire me on the grounds that i would not be suitable to work for them.  It was in March of that year that I was told that I had Asgerper syndrome. And  at present when ever the application form for a job asks me have you been fired due to missconduct  I'm not sure weather I should tell them or not?   The Job I had with OCS ended due to depression & anxiety/ panic attacks and not mentioning Asperger's.

yours Peter

 

  • Dear,The Imp of the Pe.. I  think of going the disablilty law society & tell told me not to try and get my job back due to  the charge being sexual hassment  and anyway Jessops photo centre the people I worked for went against the wall so afterwards. I do realise that Jessops are doing business again  but I don't think they would want me back now.

    yours Peter0003

  • The Imp of the Perverse writes

    In case the idea of seeing a solicitor worries you, you might try using a university law clinic if you have one near. You might be able to get them to give you an opinion if you don't live near one.

    It does sound like they used your supposed misconduct as a way to avoid appearing to disciminate against you. If the situation was exactly as you describe I don't see grounds for firing you but them I'm not an employment lawyer. A careless remark or a misunderstood remark is not really a reason and many (most?) companies tend to allow two warnings before dismissing someone.

    Perhaps it might be possible to negotiate with your company...say you are seeking legal advice concerning what happened and state what you consider to have been questionable treatment of you. Then ask for a response. Whether you do or do not get a response, you can then say that if you receive a decent reference you will be prepared to let matters be.

    This is just me thinking off the top of my head. I did study Law for a while. I took away the lasting impression that the law and justice are entirely separate. 

    As autismtwo says... get advice. The first half-hour of a solicitor's time should be free. Good luck!

  • Peter0003, that is a shame, maybe a solicitor should write a letter to your old employer and tell them about your mitigating circumstances which you informed them at the tribunal and see if they can give you your old job back or a letter of reference that overturns the gross misconduct.. It would be interesting to see what a solicitor says about this,, as your condition has caused this conditional circumstance not you, so it is unfair that you got fired.

    quote

    "When I went to the hearing to see managment i took details about possibly having asgerpers which put nails in my coffin as when they read this information they discided to fire me on the grounds that i would not be suitable to work for them,.

    quote "

    That seems to me, that you have been constructively dismissed and you were good enough to be employed at one stage.