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Can a strike be gross misconduct?

Employment and Discrimination Law

Re: Can a strike be gross misconduct?

Postby dls » Tue Dec 27, 2016 10:55 pm

HL, the fundamental is that anybody who goes on strike risks immediate dismissal. It is a fundamental. The only real risk an employer runs is if he fails to dismiss them all.

It is not a good dispute. The union were looking for a chance to make a political point (stuff their members), and someone may have made a booboo. All we do know is that three people who need not be out of a job, are.
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Re: Can a strike be gross misconduct?

Postby Hairyloon » Tue Dec 27, 2016 11:38 pm

Millbrook2 wrote:Try this Hairy and a Merry Xmas

http://www.inbrief.co.uk/employees/dism ... ing-staff/

Odd, I didn't see that post 'till just now. Thank you. Merry Christmas to you as well, if a little late.

atticus wrote:The breach is of a kind described in post 3.

There is a breach of that kind, but I am not convinced that that is gross misconduct: it is a simple and straightforward breach.

dls wrote:The union were looking for a chance to make a political point...

Certainly seems likely, but I am not seeing what point it is that they are trying to make. :?
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Re: Can a strike be gross misconduct?

Postby atticus » Tue Dec 27, 2016 11:54 pm

Going on strike is a breach that goes to the heart of the employment contract. If one party commits a breach that goes to the heart of a contract, the other party may treat the contract as at an end. Within the context of an employment contract, going on strike is a pretty serious misconduct.
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Re: Can a strike be gross misconduct?

Postby dls » Wed Dec 28, 2016 6:29 am

I am not seeing what point it is that they are trying to make.


That all outsourcing is bad. That the privte sector is bad, and public sector good. It is Orwell's two legs / four legs stuff.
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Re: Can a strike be gross misconduct?

Postby Hairyloon » Wed Dec 28, 2016 2:06 pm

atticus wrote:Going on strike is a pretty serious misconduct.

Serious is not at all the same as gross.
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Re: Can a strike be gross misconduct?

Postby 3.14 » Wed Dec 28, 2016 2:08 pm

Hairyloon wrote:
atticus wrote:Going on strike is a pretty serious misconduct.

Serious is not at all the same as gross.
In this context, it is the same. I might say to my colleague, this person is guilty of serious misconduct (theft as an example). We both know it's technically gross misconduct but we are not decision makers but investigators.
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Re: Can a strike be gross misconduct?

Postby Hairyloon » Wed Dec 28, 2016 2:21 pm

dls wrote:
I am not seeing what point it is that they are trying to make.


That all outsourcing is bad. That the privte sector is bad, and public sector good. It is Orwell's two legs / four legs stuff.

Ah yes, that might explain why the JCFC are so touchy about it.

Latest word is that the council have admitted it was their responsibility to pass on the relevant information, and apparently the employer doesn't recognise the union so refused to talk to it: seems to me that both sides are playing politics.
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Re: Can a strike be gross misconduct?

Postby atticus » Wed Dec 28, 2016 8:25 pm

Hairyloon wrote:
atticus wrote:Going on strike is a pretty serious misconduct.

Serious is not at all the same as gross.

You might have understood more had you read the few words that you chose to quote in the context of the couple of sentences thate preceded them, and which led to those words as conclusion. It is serious enough to warrant dismissal.
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Re: Can a strike be gross misconduct?

Postby Hairyloon » Wed Dec 28, 2016 9:09 pm

I was not disputing that, I am simply doubting that it is gross enough to describe as gross: it led me to suspect that the strike was not the stated reason for the dismissal.
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Re: Can a strike be gross misconduct?

Postby atticus » Wed Dec 28, 2016 9:30 pm

Do you know what reason was stated?
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