hi i,m wondering if i have a good case for unfair dismissal. I have worked for the same company for4yrs and held the positon of assistant manager. we opened a small area in a part of the store to serve tradesmen on about 2 years ago.

[jacquie45]

if the normal side of the store was understaffed we would always close the trade side to compensate. I closed it 1hr before the normal close time and was given a final written warning, even though branch managers and all the rest of the management team have done so. I found out after the investigation that i was supposed to get authority from an area manager, as i was privy to all the branch managers not gaining authority and never being told i had to until after i was investigated i feel as if i am taking the blame for my managers not doing their job properly and making sure the rest of the management team are up to date on company procedures. I was left devastated by this, and even though i gave the appeal hearing paperwork to show that Branch managers had closed it early and 2 signed statements from 2 supervisors who had also closed it early none of this was investigated and i got the final written warning for it. i had never been issued with any kind of warning or been pulled for anything before this. This left me so distraught that i took a few days of work, on returning to work even though my manager and area manager knew it was through stress i was off, they didnt do a return to work meeting with me to see how i was doing. duty managers were appointed for the weekend i returned to work. and although i told the duty manager that i was in no fit state to take on full responsibilities and he accepted it, the branch manager had me investigated and dismissed because the duty manager didnt sign health and safety paperwork. The branch manager is now trying to say that as i was the higher qualified manager in on the day i have to take responsibility. but the duty manager had taken responsibility before i returned to work by accepting to run the shift because neither him or the branch manager knew i was returning . the branch manager is now retracting this by saying he didnt put the duty manager in to run the shift only as a supervisor to aid me. but the rota was done on the thursday, i didnt tell anyone i was returning till late friday afternoon. i have now lost my job and dont know what to do. i have appealed on 2 different occasions but still no-one has questioned anyone about the paperwork clearly showing Branch managers in my own store closing the trade side early and the 2 CSS's have not been questioned regarding the signed statements that prove i was only doing the same as my piers before me. i have 10 days til the 3 months are up from the first incident to aply for a tribunal hearing. anyone have any feelings on what i should do.
i was one week of an interveiw for a branch manager position, and 1 month off my annual bonus, i would never have jeopardised any of this if i knew what i was told by my previous branch managers was not company policy.

[AB Editor]

Only just spotted this.

Could we attempt a little compassion please? This is not a troll, as far as I can ascertain. Those who "know" that it's a troll, try the report button - it's much more effective than a pitchfork or burning torch.

Jacquine, please repost here: http://www.theanswerb...k/Jobs-and-Education/ or http://www.theanswerbank.co.uk/Law/Civil/ and you may find yourself some better answers.

All the best,

Ed.

[TWR]

I will send you that £20 Ed, what your address?

[TWR]

To add Jacquie,
If at all possible, get as much info as you can, your phone calls if any to your manager ( Recheck your mobile phone bill for evidence) Wittness statements) ALL, times / dates / who you conversed with regards the problems / make sure you photostat ALL your paperwork, for advise, a Union rep ( If any) you can joing a union it may cost you 12 months back payment, but this may help you with finance, make sure you have everything you need if it goes to Acas ( I was there 3 weeks ago) But my advise, if you are within your right, do not back down, your company will try the OFFER CR@P make no mistake about that, I wish you all the best.

[shaneystar2]

Oh a bit of common sense at last .
I get so annoyed when people jump on newbies .Fair enough, some may be wind up merchants and it's pretty easy to spot them but this seemed genuine enough to me .
If it is a wind up then I'd rather look silly by giving a genuine answer than making myself look silly with stupid remarks .
I notice Jacquie hasn't been back .No doubt her denouncers are rubbing their hands with glee about that .But then again if I had got that sort of response I would have been off toot sweet .

[cathfromsaron]

my answer is a solicitor specialising in industrial work could tell you for free!

[Baldric]

I think a lot of people are being very unfair jumping to the conclusion that a new members first post is actually from a troll, how can you do that people?........honestly!!!!

[cathfromsaron]

i thought trolls unkindly answered other people's posts, not posted questions, anyway?

[Barmaid]

I wish I could help Jacquie, but I have no experience in this area. Can I suggest the following:

1) You check your household insurance for legal expenses cover. This generally covers for employment disputes. Contact them asap.

2) If not seek the advice of either a solicitor or a public access barrister immediately. Given the time limit, you might have to issue your claim through the ET in order to protect your position yourself. If you go to the Employment Tribunals website you can download the forms. Don't worry about issuing yourself, just do the best you can and then get a lawyer to sort it. If you can get a lawyer before then, all the better.

[TWR]

Shaney, as you have noticed the site is full of clever @rsed persons keep looking, I may get some stick but at least I can answer someones question with thought. "" Just wait!!""

[boxtops]

Jacquie, I can't plough through it all but I think I have the drift of it - go and have a look at the ACAS website, there is a lot of very good free information there about employment issues.

[Mick-Talbot]

Wow...what a thread

[granny grump]

I don't think that I have ever seen so many answers removed - this post has really hit a nerve with some people

[shaneystar2]

I know TWR.I've been on the wrong end of it myself and had to deal with unfair dismissal . People look at you as if you're a criminal .Luckily I had my husband behind me and ACAS .Settled out of court eventually after a long drawn out process ,but I got my way in the end with a large four figure sum :)

[TWR]

If persons "Unknown!!!!" knew the problems this causes Shaney with personal problems / health / appointments for another job, they would not answer in a stupid way would they?? Troll or no Troll the poster asked a ( To me) a serious question, it does not take a lot to answer honestly, does it.

[TWR]

I would have termed that as, I got justice Shaney.x

[joko]

i dont think this is a troll - if it is, its a very poor attempt - too long, not remotely controversial, not accusatory or whining or nasty.

trolls would generally think of something much better than this to troll about.

in answer, you have nothing to lose - and if nothing else you get to 'out' the liars and perhaps name and shame them...

[shaneystar2]

I quite agree .It's no fun and very stressful. I spent about eighteen months as a nervous wreck .
When you work for a company who make you redundant because you no longer " fit their requirements " but then have the nerve to advertise your job within days of making you redundant as "no experience necessary " then you see red .And I saw it .
They were so scared in the end,after offering me this that and the other and the fact that I would take it to the newspapers they bunged money at me to shut me up ...lol......
I can be a hard nosed bitch ... but it was nerve wracking.
You have to stand up to what you think is right .

[TWR]

I would not call you a hard nose bitch, I would call you a person that stands up for her rights as you did correctly, too many of these companys are run by jump up knobs nowadays that think they can kick people where it hurts, I will stand up for myself no matter who it is, the trouble is Shaney a lot are unsure what to do when it comes to standing up to these so-called bosses.