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unfair dismissal
12 Answers
5 of us have been dismissed for gross misconduct incorporating drinking on duty and stealing snacks from the company. we completely refute the allegations, there is no substansive evidence of guilt only an allegation from another member of staff. the company's till receipts back up our evidence of not taking the drink and snacks and yet despite having an unblemished work record they chose to dismiss us. we have all appealed against the dismissal and are now waiting for their subsequent decision. how should we now proceed?
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Assuming you are all members of a Union, your local Branch should be consulted without delay. If not, get some legal advice about the possibility of leagl action claiming Unfair Dismissal. make sure you keep records of all correspondence, and if you are required to be interviwed, insisnt on the prescence of an independent witness at all times. Good luck.
I would say tha they t are in breach of employment law and have not followed correct procedure, have they given you a chance to refute these allegations?. Agree with res tof posters here, seek proffesional advise asap. If they cannot prove anything , you may have a case for slander, they will be obliged to reinstate you although as someone else said, who would want to work for such an employer. I wish you all well and maybe you can keep us updated on progress, too much of this bully boy tactics happening in companies now.
I suggest you contact your local CAB and ask how to contact your local law centre; I think it can be local to your work place, and it does not have to be local to your home. Also as someone else has suggested, contact ACAS who should have useful literature. It sounds like unfair dismissal. If there is any way you can make this look like to sexual or racial discrimination you'll get more damages; the threshold for unfair dismissal damages is quite low (the law favours employers unfortunately).
I agree with all above, if you go to the CAB, they will talk you through it and give you form IT1- application for an industrial tribunal, on th eform you can state wether you seek re-instatement or compensation or both, i think its obvious what you would choose.
The industrial tribunals board will contact ACAS on your behalf who can try to reach a settlement with the company on your behalf unless you or the company are determined to have it up infront of the tribunal.
Any compensation you may recieve will take into account any loss of earnings and inconvenience etc.
I have found that if the company realises you have a very good case, then they will be prepared to settle out of court via ACAS and pay out a fair bit- but acas will advise you through the steps.
Good luck
Come off it. "It wasn't me, guv" is the most abused phrase in the English language. Your employers have compelling evidence, I repeat compelling evidence, that without their consent you fraudulently and with no claim of right took and carried away something capable of being stolen with the intent at the time of taking to permanently deprive them thereof. That is why you got the boot, choice doesn't come into it, you were kicked out for thieving. I have read your posting very carefully, and from it I am prepared to be �100 to a penny that they are right. Your appeal against dismissal may now lead your employers to report you to the police for the purpose of having you dealt with as the law permits. How should you proceed? Well, for a start you should return to your mum for re-training in basic honesty.
Just to clarify, the IT1 is now an ET1 and a tribunal does not necessarily reinstate staff who have been dismissed. That is only considered if the claimants request it. They can, though award compensation. As long as you don't incur large legal bills you have nothing to lose. The tribunal chair will be very understanding to claimants who are not legally represented and will assist with the process. You should also consider the effect this dismissal may have on your future employment prospects. What do you have to lose?
I think Maud is a bit unfair not knowing the facts. Accusations can result in law suits against you.. what if I accused you of being a child molester or drugs dealer?
Companies do get rid of people with less than a years service under the gross misconduct story as it is a get out for them. My wife was dismissed from her job because of jealous & spitefull, backbiting people who made allegations. NO FACTS !!! We have correspondance in black and white from one witness who claimed she didn't actualy see anything. As far as unions are concerned she hadn't been a member for 13 weeks so they wouldn't act (I told her to join when she got the job). While investigations were carried out she was not allowed on the premises or to contact other members of staff. At meetings they allow union reps or work colleages .. neither applied. The company held the disiplinery meeting while we were on holiday. She has sent a letter of appeal and awaiting a response.
She intends to take the matter to court and claim for defamation of character.. slander.
It would be a very sad day for society if people were to lose their good name or be sent to prison because of allegations and no evidence !!!!
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