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Unfair Dismissal?

HAYSIEHAYSIE Member Posts: 32,276
in The Rail
Policewoman, 24, faces sack for breaking lockdown rules by allegedly going to a boozy family party - before drink-driving home and crashing into a house



A young policewoman is facing the sack for allegedly breaking lockdown rules by attending a boozy family party then drink-driving on her way home. PC Tasia Stephens, 24, was off-duty when she crashed her car into a house after allegedly attending the family party, which took place on a Saturday night in April during the first lockdown. Stephens was found to be over the legal limit when she was breathalysed by fellow officers following the crash. The South Wales Police officer could be barred from police service if she is found guilty at the hearing, which is due to take place in Pencoed, Bridgend, next week. A South Wales Police misconduct notice stated: 'It is alleged that breaking Welsh Government lockdown restrictions, driving when unfit, and being convicted of such an offence breaches the Standards of Professional Behaviour in relation to Discreditable Conduct and if proven the breaches whether taken individually or cumulatively amount to Gross Misconduct that is so serious as to justify dismissal.'

https://www.dailymail.co.uk/news/article-9267063/Policewoman-faces-sack-allegedly-attending-lockdown-breaking-family-party-drink-driving.html
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    EssexphilEssexphil Member Posts: 8,044
    Always 2 sides to these sorts of stories. I'm not excusing her (alleged) misconduct. But, IMHO, to dismiss her would amount to unfair dismissal.

    Gross misconduct is not like other dismissals. It means that the misconduct was so terrible that just this act warrants immediate dismissal. Without notice. It is also extremely rare that cumulative acts may amount to summary dismissal, and it is believed that that will only apply where it amounts to an abuse of mutual trust and confidence.

    Let's look at the facts.

    1. The alleged incident/incidents happened some 10 months ago. For Summary Dismissal, an employer should normally be acting within days, not months

    2. The employer knew back in April, as it was the force that arrested her. What has it done since then?

    3. On mutual trust and confidence, it is totally inappropriate that these allegations have been made on a public forum. No employer should make these sorts of allegations public prior to any Hearing. It is highly prejudicial, and allows (for example) newspapers to run with the story. Bit tricky running a dismissal based on mutual trust AFTER doing that

    Misconduct? Undoubtedly. Gross Misconduct? That would be an employer that likes to spend taxpayers money in Employment Tribunals...
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    cenachavcenachav Member Posts: 2,681
    If a serving police officer breaks the law in such a way that they could be sent to prison for it, surely that would count as gross misconduct.
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    EssexphilEssexphil Member Posts: 8,044
    edited February 2021
    cenachav said:

    If a serving police officer breaks the law in such a way that they could be sent to prison for it, surely that would count as gross misconduct.

    Completely agree.

    Magistrates are supposed to consider prison sentences if 1 or more of the following apply:-

    1. 2nd drink-drive offence within 10 years;
    2. More than 3 times the limit;
    3. Other aggravating factors, such as Driving while Disqualified/major injuries etc

    In those instances, serving officers are routinely summarily dismissed. Quite right, too. Not wait 10 months, trial by newspaper and so on. If 1 of the above 3 existed in this case, it would have been mentioned.
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    HAYSIEHAYSIE Member Posts: 32,276
    Having failed a breathalyser test that night, the officer was subsequently convicted in the Magistrates Court of driving a motor vehicle when over the prescribed limit.

    'It is alleged that breaking Welsh Government lockdown restrictions, driving when unfit, and being convicted of such an offence breaches the Standards of Professional Behaviour in relation to Discreditable Conduct and if proven the breaches whether taken individually or cumulatively amount to Gross Misconduct that is so serious as to justify dismissal.'

    The hearing is due to take place in Pencoed, Bridgend, next week, Wales News Service reported.
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    EssexphilEssexphil Member Posts: 8,044
    HAYSIE said:

    Having failed a breathalyser test that night, the officer was subsequently convicted in the Magistrates Court of driving a motor vehicle when over the prescribed limit.

    'It is alleged that breaking Welsh Government lockdown restrictions, driving when unfit, and being convicted of such an offence breaches the Standards of Professional Behaviour in relation to Discreditable Conduct and if proven the breaches whether taken individually or cumulatively amount to Gross Misconduct that is so serious as to justify dismissal.'

    The hearing is due to take place in Pencoed, Bridgend, next week, Wales News Service reported.

    Read that last time.

    Doesn't look any better the 2nd time.
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    HAYSIEHAYSIE Member Posts: 32,276
    Essexphil said:

    cenachav said:

    If a serving police officer breaks the law in such a way that they could be sent to prison for it, surely that would count as gross misconduct.

    Completely agree.

    Magistrates are supposed to consider prison sentences if 1 or more of the following apply:-

    1. 2nd drink-drive offence within 10 years;
    2. More than 3 times the limit;
    3. Other aggravating factors, such as Driving while Disqualified/major injuries etc

    In those instances, serving officers are routinely summarily dismissed. Quite right, too. Not wait 10 months, trial by newspaper and so on. If 1 of the above 3 existed in this case, it would have been mentioned.
    Wouldnt they have to wait for the outcome of the Magistrates Court case, innocent until proven guilty, and all that?
    They seem to be deciding next week if she is fired or not.
    I would be surprised if she keeps her job.
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    HAYSIEHAYSIE Member Posts: 32,276
    PC who went to lockdown party then crashed while drink-driving admits gross misconduct



    A young police officer who broke lockdown rules to attend a house party before crashing into a home while drink-driving accepts gross misconduct, a hearing has been told.

    PC Stephens now faces the sack following the conviction. It could see her barred from serving in the police again.

    https://uk.yahoo.com/news/tasia-stephens-police-gross-misconduct-142501493.html
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    HAYSIEHAYSIE Member Posts: 32,276
    Drink-drive policewoman is sacked after crashing car following lockdown family party where she 'had just learned of sex abuse claims against relative'



    South Wales Police officer Tasia Stephens 24, crashed her car in Treorchy after attending a lockdown-breaching party. She has been sacked from the force and placed on the barred list.

    https://www.dailymail.co.uk/news/article-9292341/Drink-drive-policewoman-sacked-crashing-car-following-lockdown-family-party.html
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