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grievance procedures

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julesw1803 | 14:06 Sat 14th Feb 2009 | Law
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my company has received my formal written grievance letter,but has summarily dismissed me without hearing my grievance. Can they do this ?
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Unlikel;y. How long have you worked there?
For what reason did they dismiss you? Gross misconduct? I presume they gave a reason?

In theory, this would be separate to any grievance on your part.
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I've been the manager of a high st charity shop for nearly 2 yrs, and was accused of "knowingly handling stolen goods" which were infact "donated "to the store, as it turned out the goods were not stolen and there was no case to answer as far as the police were concerned.But i raised a grievance to my company about how things had been handled and without checking with the police they dismissed me for the above allegation. I didnt think they could do that without at least hearing my grievance first, needless to say i have a meeting with a solicitor next week.
what is the wording on the letter? is it bringing the charity into disrepute?
The term 'summary dismissal' means on-the-spot and without notice. Is this what happened to you?
It is most usually tied to a dismissal for gross misconduct - a fundamental breach of the employment contract by the employee.
As Dot says, what was the actual reason given in the letter to you for your summary dismissal. I suggest that we focus on this first, then deal with the grievance process issue.
Question Author
"knowingly handling stolen goods and bringing the charity into disrepute" which as i say was completly thrown out by the police, how could i have known that donated goods into the shop in a carrier bag were stolen?
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i was suspended nearly 3 months ago with pay whilst they investigated. then yesterday got a letter to say i was dismissed and to hand over any company property and so forth.But they admitted that they hadnt even spoken to the police for the outcome of the investigation.
The criminal investigation by the police and the civil investigation by your employer are two separate things. The lack of a prosecution / conviction in the criminal case does not impact the ability of the employer to take action.

If you are now dismissed, there is not point pursuing the grievance. You have two choices to consider if you are contemplating further action:
Taking your employer to Employment Tribunal for unfair dismissal. Such a case would be based upon the employer failing to follow the correct disciplinary procedure (I�m not sure if it did or not, too little info to say). You could talk to ACAS about your circumstances and see what they say about it.
Suing your employer for wrongful dismissal. This is not the same thing as unfair dismissal and is based upon the employer breaching the terms of the contract. It is possible to do this at ET, or County Court. This would be based upon them not giving you notice, or money in lieu, unless they are claiming that gross misconduct was the cause of your dismissal � in which case you get no notice. Goodness only knows why it took 3 months to investigate - that�s just typical of public sector and not-for-profit organisations. Wrongful dismissal will only get you your notice money.
What outcome were you looking for?
Question Author
Thanks buildersmate for your input.i'm not looking for my job back,as the whole thing has left a very nasty taste in my mouth. I just want a reference that is not derogatory so that it does not hinder me finding a suitable job,which is difficult enough at the moment.

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