The job was in a call centre which was the main contact centre for the company taking customers orders, checking stock, answering queries and that sort of thing. I had been working part time in the evenings there for 5 months and arrived at work on the Friday only to be taken into a room with the contact centre manager and a team leader to be told my contract is being terminated with immediate effect for gross misconduct and therefore they don’t have to pay me any notice and I was escorted out of the building and was told they’d be writing to me confirming it.
At the time I was in shock and barely said a word and now I’m fuming to be honest but I’m wondering what rights do I have, as first of all I don’t think I’ve done anything that would be considered “gross misconduct” nor have I had any warnings and have had 3 reviews which were all positive and past my 3 months probation, but as I understand it I haven’t worked there for a year and so I have fewer rights etc.
There explanation for gross misconduct was that, the night previously and I will admit, I got a little stressy with a customer who spoke hardly any English and after he hung up I swore which was in earshot of a colleague which obviously in a call centre a customer could hear, now no one else was on the phone at the time and they didn’t actually mention the swearing part, just that I was “irate” at a customer and that it wasn't up to there high standards, but surely people have off days/moments and have emotions etc. At the time the shift supervisor did have a word with me in private obviously stating I can't do that and they said it was her opinion that I was unwilling to change, when in fact I wouldn't accept her saying it was a habit of mine when it isn't.
I understand I shouldn’t of acted that way and that it was unprofessional of me but don’t feel its gross misconduct especially since it was my first time, have had no previous warnings and well I didn’t swear at the customer and did actually try my best for the customer but it was just a language barrier, I mean it’s not like I even had a disciplinary hearing where I could have at least acknowledge I was wrong, apologise and promise it wouldn’t happen again.
I have looked over my contract and it states:
“The company has the right to terminate your employment without notice or payment in lieu of notice in the event that you commit a fundamental breach of contract”
What can I actually do though to appeal this, I've read I have no legal recourse for a tribunal for unfair dismissal because I haven't worked there for a year, but then what is the point of having a probation period? that might as well be 12 months.
Anyway, thanks for reading.
At the time I was in shock and barely said a word and now I’m fuming to be honest but I’m wondering what rights do I have, as first of all I don’t think I’ve done anything that would be considered “gross misconduct” nor have I had any warnings and have had 3 reviews which were all positive and past my 3 months probation, but as I understand it I haven’t worked there for a year and so I have fewer rights etc.
There explanation for gross misconduct was that, the night previously and I will admit, I got a little stressy with a customer who spoke hardly any English and after he hung up I swore which was in earshot of a colleague which obviously in a call centre a customer could hear, now no one else was on the phone at the time and they didn’t actually mention the swearing part, just that I was “irate” at a customer and that it wasn't up to there high standards, but surely people have off days/moments and have emotions etc. At the time the shift supervisor did have a word with me in private obviously stating I can't do that and they said it was her opinion that I was unwilling to change, when in fact I wouldn't accept her saying it was a habit of mine when it isn't.
I understand I shouldn’t of acted that way and that it was unprofessional of me but don’t feel its gross misconduct especially since it was my first time, have had no previous warnings and well I didn’t swear at the customer and did actually try my best for the customer but it was just a language barrier, I mean it’s not like I even had a disciplinary hearing where I could have at least acknowledge I was wrong, apologise and promise it wouldn’t happen again.
I have looked over my contract and it states:
“The company has the right to terminate your employment without notice or payment in lieu of notice in the event that you commit a fundamental breach of contract”
What can I actually do though to appeal this, I've read I have no legal recourse for a tribunal for unfair dismissal because I haven't worked there for a year, but then what is the point of having a probation period? that might as well be 12 months.
Anyway, thanks for reading.
