Hi,after some advice please,i was involved in an incident at work on 12/06/2015.on monday 15/06/2015 I went to work at 8am,after being there for 10 mins or so the production manager appeared and said he needed a word with me about what happened friday. he asked me to go into the kitchen with him to discuss this.I told him what happened.he said he wouls write down what I'd said then look at the evidence,and would be in touch,he told me I was suspended until then.on the 17th I had a letter from him saying I was guilty of gross misconduct and my dismissal was immediate.and that I could appeal the decision.the date on the letter he'd sent was 15th.I wrote to appeal stating I didn't think they'd followed procedures,not informing me of my rights,investigation and decision being made by same person.not providing me with any witness statements to defend myself.Had an email today iviting me to a disciplinary hearing 01/07/2015.don't understand this if I'm already dismissed.

how long have you been employed by them? What did the hearing letter actually say....have you misread it?

how long have you been employed by them? What did the hearing letter actually say....have you misread it?

OK less than 2 years

Without knowing more about the incident your chances of keeping your job are slim to none

OK less than 2 years

 

Without knowing more about the incident your chances of keeping your job are slim to none

they've already dismissed me though, so not bothered about that. This is about being asked to a disciplinary meeting AFTER I've already been dismissed .are they just trying to somehow put things straight for themselves?

I would agree.

Instead of disciplinary meeting, I suspect this is an Appeal meeting

the letter they sent headed and named as a disciplinary meeting,explains how they will provide me with witness statements and any evidence at the meeting for me to look at.

If on the facts presented this will be unfair dismissal

The ACAS code of practice lays down minimum standards as to disciplinary

You have a fact finding interview, suspension if necessary until a decision is reached if charges are to be made

The employer will the invite you to a formal disciplinary meeting in writing and must state that dismissal may be an option and that you have the right to be accompanied by a work colleague or Trade Union rep. Any evidence is to be made available to you prior to the full disciplinary meeting. If you are dismissed at the disciplinary hearing the employer has to give you a form as to right of appeal and how long you have to appeal the dismissal or sanction

If on the facts presented this will be unfair dismissal

 

The ACAS code of practice lays down minimum standards as to disciplinary

 

You have a fact finding interview, suspension if necessary until a decision is reached if charges are to be made

 

The employer will the invite you to a formal disciplinary meeting in writing and must state that dismissal may be an option and that you have the right to be accompanied by a work colleague or Trade Union rep. Any evidence is to be made available to you prior to the full disciplinary meeting. If you are dismissed at the disciplinary hearing the employer has to give you a form as to right of appeal and how long you have to appeal the dismissal or sanction

OP does not have the 2 years service to lodge an unfair dismissal claim.

OP does not have the 2 years service to lodge an unfair dismissal claim.

Without knowing the incident cannot say. Remember there is scope for gross misconduct to allow instant dismissal.

A breach of employment contract in a small claims would run into the risk of the judge declaring that an employment tribunal is where it should be heard and that would not end well for you.

For more useful advice you are going to need to tell the whole story.

They are offering you an appeal against the dismissal. It will cost you nothing and if you havent got another job yet it would be worth your while to get your side of things noted formally so even if they dont re-employ you the matter is mitigated and they cant give unsubstantiated reasons for dismissal. They are covering their hides but it does give you a bit of leverage and possibly make it easier to ask for any holiday pay, notice period pay etc that you are due should you not have received it yet.