hi ,yes have sent et1 off, no my back injury is not work related and yes from early 2011 occupational health had been involved, this still did not stop my unpaid sendings home though, yes they used the reasonable belief issue, with regards the cctv and at the time of my dismissal the annonymous witness, who i now know but was still not allowed to talk direct with him during my appeal, all i was given was a second statement stating he heard a noise late on and that indicates me on the cctv, we will wait to see what develops with the return of the et3 from my ex employer. thanks

hi thanks for response. yes the above is true i did not know who the informant was at the time of my dismissal and was not allowed to speak to him, but at my appeal stage i was told who he was and yes work said that this person that i named was the informant but despite my request to again ask him myself they presented a signed statement from him stating the same as before, they also gave me a statement from the last person to enter the toilets after myself . this person did not see any damage and yes he did speak with the informant but the informant did not mention the damage ie water on the floor, i do have good evidence that has been obtained but cannot disclose this , so we will await the et3 response from work , thanks all

thanks all, i lost my appeal and am now entering my ET claim, i have evidence to support the fact that i am not the one who caused the damage so will keep you all informed, manyu thanks

hello and again thanks for reply, yes work assisted a little by putting me on restrictive duties, these areas had been set by the company physio in 03/2011 and 10/2011 but ONLY after i asked for this help, they NEVER started any action it was always me. the last time i was sent home unpaid was 2 days before the event of the damage, but on the day i was last sent home before this damage i asked for a meeting with the production manager about my getting sent home, this was the same person who dismissed me, in this meeting he stated that he could do nothing until my last physio works appt. so i left happy that maybe something good will come of it all, after the date of the damage i had several issues before my suspension , as it it nearly 4 months since the damage happened, and nearly six weeks since my dismissal i will start my et this week, any responses welcome

hello and thanks for reply I do now know the identity of the informant because the said informant has told all this to my friend who has told me, yes i was sent home unpaid 7 times last year, yes my injury is to my lower back and is still being treated to this day. i have had this back issue for nearly three years and i do believe that this incident was related to my restrictive abilities. the imformant stated thathe heard a noise 2 mins from him leaving the toilets and that puts me in the frame, but the informant as stated was made to change shifts around this time so in my opinion was the most likely to have caused it, i also understand that i have little chance of getting the job back but will do it if only for it helping with the et claim that will start soon, any more advice before i attend the meeting and legal team ? thanks

hello all still no reply, any help welcome, thanks

hello all, thanks for replies, appeal hearing soon, i will see my legal advisor before then. during the year 2011 i was sent home unpaid because i could not undertake all duties due to my medical ability, i was unpaid for these events, no meeting about why i would be sent home or letter, my contract states 42hr per wk, so as i see it this was breach of my contract so this current event leads me to believe that the above situation was taken into account as well. Also i now know who the witness informant is, he has admitted this to my work friend and states that he was constantly asked to provide a statement by work and done so under pressure, but he said he is not willing to provide a statement saying this for fear of his own job, this witness was not named but his department was during my disciplinary meetings by myself because i had a good idea who it was in the end. this person around this time was made to change shifts due to an alteration in his department and i stated that this person worked in this department had good reason to cause the damage due to changing shifts and loosing close work mates, this was not even considered before my dismissal, yet now proves that i was correct in the witness being that of one who had reason . do you think i have a right to ask for this person to now be present for my appeal?????????????? all advice welcome, oh by the way if the appeal does not get overturned then i will start my tribunal claim

Hello all, i see many viewings but not much advice about my situation and my appeal hearing, all advice welcome,

Hello,in answer to your questions, yes they did explain the reason for dismissal and that was damage to company property under gross misconduct and i did have the right to appeal and this will be in writing. I did ask why the witness remained annonymous and was told that he wishes for it to remain that way and that it is signed. I think they meanthat the signature from informant is about his wanting to remain annonymous not the actual statement. The e mailed statement sent some 16 days after event was questioned by me and the response was that they being the manager was happy with the timescale. The e mailed statement didi have the informants details on but my copy had been blanked out these details or so they said. I have checked my disciplinary policy and no mention about any witnesses on there. So in my summary dismissal work have relied on an annonymous statement that the informant stated he heard damage around 2 mins before i left the toilets and that the cctv showed me exit around this time.the last person to enter never interviewed because work said damage already done. But this last person never reported this to management, so i have been sacked on the basis of an annonymous witness. How do i approach the appeal process because just before he told told me i was dismissed he stated that i had constantly from the start blamed others and that i put in no mitigating circumstances. So all advice welcome

Hello again. Could anyone offer me advice on how to defend myself for the appeal hearing against my summary dismissal,all that was said in the disciplinary hearing was that i had no mitigating circumstances. All i done was use the urinal no more, i need to try to overturn this decision so any help please. Also if i loose the appeal then have i got a case for unfair dismissal? Thanks

hello, all that was said was that i done the act based on the anonymous witness, he heard noises and said it happened within the last few mins, so based on that they decicded to terminate my employment, also stated by manager that i had repeatedly failed to take responsibilityfor my actions and tried to blame others. yes they did tell me about appeal hearing, i asked why the witness remained secret and was told that he asked to remain anonymous, thats it . no have not got it in writing. and no the name of witness blanked out in emailed statement, the other talks with informant are just that they are only verbal between manager and witness, many thanks is this unfair dismissal?, if i dont get anywhere with the appeal then next step is tribunal do you all agree

Hello all, after my second disciplinary hearing i had the result today. Yes the manager never took any notice and sacked me today, i will now appeal , advice by all welcome

No one hgot any more advice before i meet with my solicitor??????????????. Thanks.

they are deciding to keep all witness identity secret from me, yes i am represented. what i want to know is why are they not listening to the start of the statement ?? instead they are remaining with the very last sentence thanks...................

no these are my questions for them before the disciplinary meeting starts again