Just been fired!
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Discussion

daveparry

Original Poster:

988 posts

227 months

Monday 25th January 2010
quotequote all
I had a letter asking me to attend a diciplinery hearing with regards to my absence from work, the letter had my name and address on the envelope but inside on the actual letter it had my name but the wrong address and the wrong week was referenced.
Went along to the hearing and got the book thrown at me including just about every little thing they could fault, apparently missing work for 2 days (yes I did ring in) is gross misconduct and that is instant dismissal!

Woe is me! anyone need a Commercial gas engineer?

Soovy

35,829 posts

298 months

Monday 25th January 2010
quotequote all
daveparry said:
I had a letter asking me to attend a diciplinery hearing with regards to my absence from work, the letter had my name and address on the envelope but inside on the actual letter it had my name but the wrong address and the wrong week was referenced.
Went along to the hearing and got the book thrown at me including just about every little thing they could fault, apparently missing work for 2 days (yes I did ring in) is gross misconduct and that is instant dismissal!

Woe is me! anyone need a Commercial gas engineer?
If what you say is true then you have been unfarily dismissed.


Soovy

35,829 posts

298 months

Monday 25th January 2010
quotequote all


"Unfairly...."

rofl


Muzzer

3,814 posts

248 months

Monday 25th January 2010
quotequote all
daveparry said:
I had a letter asking me to attend a diciplinery hearing with regards to my absence from work, the letter had my name and address on the envelope but inside on the actual letter it had my name but the wrong address and the wrong week was referenced.
This isn't hugely relevant if you're thinking of using it as ammo.

daveparry said:
Went along to the hearing and got the book thrown at me including just about every little thing they could fault, apparently missing work for 2 days (yes I did ring in) is gross misconduct and that is instant dismissal!
This part needs expanding on. Were they faulting your performance or picking up actual things that you'd done wrong procedurally?

You use the term "threw the book at you" This implies that they were being pedantic but accurate....

Either way, unless what they threw the book at you for consitituted gross misconduct (absence itself definitely doesn't by the way) then get yourself to an employment lawyer pronto as you have a good case.

williamp

20,275 posts

300 months

Monday 25th January 2010
quotequote all
employment lawyers cost money. have a look at ACAS first

daveparry

Original Poster:

988 posts

227 months

Monday 25th January 2010
quotequote all
By threw the book at me i meant that they had compiled a list of all those things that we all do, but when you add them up it sounds terrible ie my paperwork is not 100% I don't get into the office very often (i,m mobile servicing covering the whole of Hampshire) just minor things that in normal practice the boss would tell you about and you could sort, for a while, but no, I had no idea that i was doing anything wrong and thought that everybody was happy with my performance, i have had 2 appraisals from this firm and both were satisfactory with no problems!

Soovy

35,829 posts

298 months

Monday 25th January 2010
quotequote all
daveparry said:
i have had 2 appraisals from this firm and both were satisfactory with no problems!
Then you have been unfairly dismissed.

Get a solicitor, now.



daveparry

Original Poster:

988 posts

227 months

Monday 25th January 2010
quotequote all
Just to add that I did in fact take 2 days off due mainly to the snow stuff but I really didn't make much of an effort to get to work, i just tried to get my van to drive away from the curb but couldn't so gave up, I had other more pressing personnal issues going on at the time and was feeling seriously stressed out. More than I am now and now I have no job!

Mojooo

13,291 posts

207 months

Monday 25th January 2010
quotequote all
Soovy said:
"Unfairly...."

rofl
Soovy said:
daveparry said:
i have had 2 appraisals from this firm and both were satisfactory with no problems!
Then you have been unfairly dismissed.

Get a solicitor, now.
?????

Eric Mc

125,325 posts

292 months

Monday 25th January 2010
quotequote all
Did you have an employment contract?

heebeegeetee

30,053 posts

275 months

Monday 25th January 2010
quotequote all
Mojooo said:
Soovy said:
"Unfairly...."

rofl
Soovy said:
daveparry said:
i have had 2 appraisals from this firm and both were satisfactory with no problems!
Then you have been unfairly dismissed.

Get a solicitor, now.
?????
I think by that he means he went from 2 satisfactory appraisals to being sacked without anything being said in between.

I'm not up to speed with employment law, but i thought that if you were instructed to attend a meeting, which could result in your dismissal, then you have to be told this and the employer must advise you to bring representation.

That was in the good old days though, before new lab handed the country to the commercial world who has still managed to bankrupt us. tongue out


Rollcage

11,345 posts

219 months

Monday 25th January 2010
quotequote all
Sounds to me like you have a very strong case for unfair dismissal.

You dont seem to have been given any chance to correct any deficiencies the company may have identified. Obviously, if you dont know there is a problem, it is hard to do anything about it!

We may need a few more details if you can, but I would certainly not be dismissing someone in the circumstances you have outlined.

For one thing, I dont think the process they have followed is even remotely correct - where are the warnings, documentation, suspension, investigation etc?

Edited by Rollcage on Monday 25th January 17:36

chr15b

3,467 posts

217 months

Monday 25th January 2010
quotequote all
have you had any prior warnings, verbal or written regarding performance or not following correct procedures?

and to the poster a few back, Soovy made a spelling mistake then commented on it in the next post - he put unfarily dismissed - which is quite amusing as a spelling mistake.

Munter

31,331 posts

268 months

Monday 25th January 2010
quotequote all
What they all said^^^

You should have had warnings about your paperwork, visiting the office etc before they sack you for it.

They can't go "You're doing ok, You're doing ok, You're sacked for being crap."

Steve_T

6,356 posts

299 months

Monday 25th January 2010
quotequote all
Talk to RichBurley on here for employment matters.

Edited by Steve_T on Monday 25th January 18:03

CatherineJ

9,586 posts

270 months

Monday 25th January 2010
quotequote all
Have you had any verbal or written warnings before this?

daveparry

Original Poster:

988 posts

227 months

Monday 25th January 2010
quotequote all
Munter said:
What they all said^^^

You should have had warnings about your paperwork, visiting the office etc before they sack you for it.

They can't go "You're doing ok, You're doing ok, You're sacked for being crap."
Thankyou for putting it into such a succinct manner! It made I larrrf!

And no I had had no warnings verbal or otherwise.

Thanks for all the input so far, lets see how it goes with ACAS tomorrow.

Rollcage

11,345 posts

219 months

Monday 25th January 2010
quotequote all
Let us know at what point they decide to not sack you after all. Failing that, how much the tribunal awards you!

stig of the dump

31 posts

209 months

Monday 25th January 2010
quotequote all
Im not an expert, but two employement hearings later! Your employer must;

Providing that you had been there more than 12 months in service

A verbal warning

Two written warnings

The oppurtunity to appeal against the dismisal.

I have an employment solicitor working for me at the moment, who works no win no fee please send me a PM if you want his details.

southendpier

6,161 posts

256 months

Tuesday 26th January 2010
quotequote all
If you have been there less that 12 months then what they have done is terminated your contract fairly.

Odd things is you say yourself you are not donig the job properly (paperwork) and aren't making enough effort re(attendance).

I wish you all the best getting a new job but ask yourself why would they want you?