Sacking

[mazza1975]

I worked at Costa Coffee based in a tesco , the manger was a menace a bully for one but the thing that concerned me the most was she used to re date out of date food , I recorded her on one occasion on my phone telling me to change the date on out of date food, I was trying to get enough evidence to report her not only for the food but for the bullying , however due to a lot of complaints from tesco customers about her tesco managers asked her area manager to come in and investigate her, none of the staff gave her a glowing report and all of us said she made us redate food . I gave in my recorded evidence and she was suspended . during her suspension other managers came in and started to. imply I was a trouble maker , they took all my over time off me even tho we was very short staffed , the area manager asked me if I liked my job? , after five weeks of suspension it was decided she cud come back to work, I. told area manager. I was worried becauaw the evidence I gave, on her return I was made to have a weeks holiday and the rota on my return was dun so I any worked wen she was not there and only. to my contacted hours , I went for my first shift back and I was suspended for and alleged face book post , I asked for. The unique. face book number to. show. It was my account and they said we don't. need it that's ur picture. so it is you. I was sacked and have appealed on the grounds it's not my account and that someone in the company has made it up. to get me. The sack, I have my appeal on 29 may but need as much advice as possible as I have to represent my self

[Peter Pedant]

Mazza - I think you should go to the Citizen's Advice and take their advice. It is free and usually good

You should take someone else - an org called ACAS says the results for workers are much better if they take someone ( other employee ) .

I think you should work on bulllying
and did you tell anyone about the redating at work ?
see here - it is quite clear - you should read the whole lot

https://www.gov.uk/dismiss-staff/unfair-dismissals

Somewhere on the 29 at the hearing you should use the words:

"I have been fired for whistleblowing and this is automatically unfair"

[Hymie]

If you have not been employed by Costa Coffee for more than 2 years, they can dispense with your services for virtually any reason, and you cannot bring a case for unfair dismissal before a tribunal.

Everyone who takes employment in the UK should be made aware of this fact – you are now, if you did not know it before.

[thugulike]

It sounds as though you may well have a case which could go to Employment Tribunal as you have been dismissed for making a PID (public interest disclosure) or whistleblowing. Go to CAB and ask them to guide you through the appeal, at which you MUST mention that you made a protected disclosure and say that's why you think you have been dismissed. Take copious notes at the meting or have the person who accompanies you take notes. Do not rely on the company's notes. Hymie is not correct. You do not need 2 years qualifying service to bring a PID or any discrimination claim to ET

[Maydup]

Hymie is correct, since 2012 the employee requires 2 years continuous employment to bring an unfair dismissal unless the dismissal is regarding pregnancy, family leave, annual leave and working time regs.

However the best thing to do is to contact ACAS helpline and ask their advice. There is a website or a call centre and the advice is free.

http://m.acas.org.uk/index.aspx?articleid=2042

0300 123 1100

[Tuvok]

What about Environmental Health - or whoever would be interested in the re-dating of food?

[Peter Pedant]

Maydup - are you sure ?
there is a longer list of qualifying automatically unfair dismissals
here: https://www.gov.uk/dismiss-staff/unfair-dismissals
which includes whistelblowing

[mazza1975]

I told them the burden of proof was on them to prove it was my account as anybody can make a face book account. In any ones name

[Maydup]

You must get some help and support. ring ACAS

[thugulike]

Hymie and Maydup are NOT correct. You can take a claim to ET without qualifying service for any form of discrimination or whistleblowing (PID)

[Hymie]

What is to stop Costa Coffee stating that they dispensed with mazza1975's services because he/she was not up to the job (ergo No employment tribunal)?

[thugulike]

Hymie that wouldn't prevent a claim to ET. If mazza gets her case together and provides witness statements to support her contention that she did make a PID then she has a reasonable case. I would advise her to make a statement including all the info about the PID, witnesses, FB etc. If Costa fail to make a reasonable investigation then they will lose the case

[Hymie]

If Costa Coffee are stupid enough to put in writing that they are dismissing him/her for whistle-blowing; then they are stupid enough to put in writing that they are dismissing him/her because he/she is a man/woman – and deserve all they get.

[Peter Pedant]

.

//Hymie and Maydup are NOT correct. You can take a claim to ET without qualifying service for any form of discrimination or whistleblowing (PID)//

agree thugulike

hence your need for advice at the CAB
I have found them useful

I went to CAB on Moston Lane Manch and they said they were nt sure
so when I had won ( shagged the DWP actually ) I went back and said I appled under section X of Act Y - and I won 1

And they said o great - we will remember that -s X of Act Y ... interesting

I am sorry you are in this Mazza

I think you have a case and need assistance in presenting it

go to the CAB - an Good Luck

[Peter Pedant]

// If Costa Coffee are stupid enough to put in writing that they are dismissing him/her for whistle-blowing; then they are stupid enough to put in writing that they are dismissing him/her because he/she is a man/woman – and deserve all they get.//

this bit is evidential - and not about what the law is.

there is case law about the employer firing an employee and saying it is for reason Y when in fact it is for reason X
that is the employer lies
this is automatically unfair - oops see above -

that is why you need ACAS/ CAB advice

we ( some of us) think you have a case.....

[thugulike]

Peter I am a Director of my local CAB so would endorse your view that they can help. But, Mazza needs to make sure she tells them about the PID and that she does not need a time qualification to make a claim. I have known even solicitors miss an opportunity make Wages Act claims which also do not need a time qualification. The only thing you CAN'T do within 2 years is claim unfair dismissal.

[Peter Pedant]

Hi Thugew

I always ( name see ? ) looked on you as some muscle bound tattooed illiterate propping up a bar at a local pub

on the facts stated - she has a case
we dont know what her disciplinary rules are
everyone has to allow in a supporter but it basically has to be a union rep or an employee

I have always found CABz helpful - very helpful on debt credit and benefits which they do alot

You can tell the CAB at Moston my comments if you like
its at the old ben brierly pub at moston lane

[ they will probably say - o god we remember him - complete frazz haired freak ]

[thugulike]

Peter, my name came about because I was forcibly removed from AB over 10 years ago for a crime which was never disclosed to me. (Very Kafka). I am female, have no tattoos and am a fee paid member of the judiciary in my spare time. I remember Fred Puli approaching my husband at Crufts and greeting him as Thuggie. I'm not sure who was more confused.

In this case it is important that the issues are well aired at the appeal AND recorded. That is why I recommended she make a written statement to hand over (and she must keep a copy). This will firm up any possible case.