News1 min ago
unfair dismissal
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?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.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
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 !!!!