Wrongful & Unfair Dismissal

[corro100]

I have been employed for a scaffold firm for over 5 years. Recently my boss has been victimising me and making comments which i am unhappy with. For example last week in 70mph winds he called me a sh*thouse for not getting on a 70ft building with minimal safety apparatus. Since then he has continued to dig at me. Today my colleague and i were on site and my colleague had taken off his high visablity vest, i however had mine on. My colleague received a call from our supervisor saying the site agent has called him and told him we didnt have our vests on. Fair enough. When we looked to where the site agent was he gave us a smug wave although to say, that was me dropping you in it with your boss. I shouted in jest " That's no way to get the job done !" and laughed. He then charged over very aggresively and right in my face said "what did you say?" so i told him then he started to nit pick about other things such as put your harness on, which is true, we should always wear our harnesses but as we were so close to the floor we didnt feel it necessary. The agent then ordered me off site. Bearing in mind the agent had watched us working all day without a harness with no comment.Later in the day my boss called me and said i was fired with no discussion or notice given. He didnt even ask for my side of the story. I am shocked to say the least as he claims its gross misconduct. If that was the case surely my colleague whom didnt have either high vis vest or harness on should also be sacked? Not that i think he should obviously just making a point. Also every emploee at the firm operates the same way with harnesses and very few even wear them never mind clip them on. I feel this is unfair dismissal and victimisation as this is a regular occurance at the firm and nobody has ever been sacked for it. Also as i have worked there for 5 years he should give me 5 weeks notice (1 for every year worked) but he claims under gross misconduct he dosnt have to. But i dont feel not having a harness on is gross misconduct, especially when i wasnt the only one. Any advice would be great?

[old_andrew2007]

Originally Posted by corro100

I have been employed for a scaffold firm for over 5 years. Recently my boss has been victimising me and making comments which i am unhappy with. For example last week in 70mph winds he called me a sh*thouse for not getting on a 70ft building with minimal safety apparatus. Since then he has continued to dig at me. Today my colleague and i were on site and my colleague had taken off his high visablity vest, i however had mine on. My colleague received a call from our supervisor saying the site agent has called him and told him we didnt have our vests on. Fair enough. When we looked to where the site agent was he gave us a smug wave although to say, that was me dropping you in it with your boss. I shouted in jest " That's no way to get the job done !" and laughed. He then charged over very aggresively and right in my face said "what did you say?" so i told him then he started to nit pick about other things such as put your harness on, which is true, we should always wear our harnesses but as we were so close to the floor we didnt feel it necessary. The agent then ordered me off site. Bearing in mind the agent had watched us working all day without a harness with no comment.Later in the day my boss called me and said i was fired with no discussion or notice given. He didnt even ask for my side of the story. I am shocked to say the least as he claims its gross misconduct. If that was the case surely my colleague whom didnt have either high vis vest or harness on should also be sacked? Not that i think he should obviously just making a point. Also every emploee at the firm operates the same way with harnesses and very few even wear them never mind clip them on. I feel this is unfair dismissal and victimisation as this is a regular occurance at the firm and nobody has ever been sacked for it. Also as i have worked there for 5 years he should give me 5 weeks notice (1 for every year worked) but he claims under gross misconduct he dosnt have to. But i dont feel not having a harness on is gross misconduct, especially when i wasnt the only one. Any advice would be great?

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Telephone: +44 (0)20 7210 3613 - Fax: +44 (0)20 7210 3613
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[advisee]

Definitely not gross misconduct.... do you have a contract of employment? You need to write an appeal letter (do a draft and post it here - people will help you) and if that fails then go to Tribunal.