Hi All,

I wonder if anyone out there can give me some advice on how to deal with my predicament?

I should mention before I continue that I worked for the company for 3 years before my dismissal

In May of this year I was dismissed from work for gross misconduct, the reason for the dismissal was I did not fulfil my contracted hours ‘my timekeeping was not what it should have been’

Prior to this there was no complaint about my timekeeping nor was I give a formal warning or undergone any disciplinary / capability hearings. My work did not suffer because of this and someday I would start work from home.

I was sent a letter to attending a meeting where I was told I would be suspended without pay. I should mention that I have worked for the company for 3 at this point.

After 10 days I received a WhatsApp message to attend another meeting, in this meeting I was dismissed.

A few days after my dismissal I was called back to attend another meeting, which resulted in my re-instatement (this re-instatement involved me doing the same job with additional responsibility for less money, which I agreed to although none of this was in writing).

I was told that in this new role they would be a probationary period of 3 months.

After the 3 month I was told that I failed the probationary period and that my service would no longer be required, no complaint or feedback on my work was mentioned during the probationary period.

I guess my questions are:

· Is the gross misconduct ‘gross misconduct’?

· Was the correct procedure followed by my employer?

· Was I re-instated under the same T&Cs – I never receive a new contract or JD?

I am a union member should I approach the union on this matter?

Thanks for your help in advance

was it gross misconduct? unlikely, the ACAS code ahs a number fo steps they are supposed to follow and timescales for these.

As for suspension without pay- unlawful

dismissal and reinstatement, well that is continuous employment so the current dismissal without neotice would be unlawful.

What do you want from all of this? If it is a cash settlement based on monies owed to yu that will be simple, you will be owed at least 3 weeks salary and accrued holiday apy plus any money not paid during your suspension. use the previous higher salary to calculate your figures.

should you approach your union of this? You should ahve got them involved from the day you were suspended, you are now trying to play catch up from a rather poor position when you could have had them over a barrel from the time of suspension.

Many thanks for your response.

Is there a template letter that i can used to seting out formal grievance for unpaid commission, unlawful deduction of wages?

even though I was dismissed and reinstated, working on old contract as no other was given and no t&cs for the new role.

Thanks again.

Hi.

We don't have template letters to cover what you're describing because every case is different. What you could do is post up a draft of what you want to send [remove any identifying details] and we can help you to refine it.

HB

You ask "I am a union member should I approach the union on this matter?"

Yes! I am, to put it mildly, astonished that you have been through all this without your union supporting and advising you. What on earth is the point of paying them a membership fee if they don't support you in something as serious as this!

When your company invited you to the formal disciplinary meeting at which you were dismissed the law requires them to tell you that you can be accompanied by your union rep. Did they? If not that's one breach of procedure for starters

Get them to earn their money and support you now.

What evidence is there that you were reinstated? Because the dismissal is history, no matter what was right or wrong. It was in May. It's the end of September. Three months less a day is the tribunal deadline. So the employer says that they were willing to forgive and forget, offer you a job at lower pay, and THERE WAS A BREAK between employments. So you have no right to claim unfair dismissal. How would you disprove that version of events? Because they appear to have evidenced to support it.

Many thanks I did engage the union who has now finally come-up with a formal letter which has been sent to my previous employers.

Any response I receive will be posted.

Thanks for your help thus far.

Sounds like you would seek to argue that the reinstatement results in a continuation of employment.

I would argue that the first dismissal was a sham Although the employer would argue that you accepted it

The tribunal recognizes there isn't equal bargaining power in employment relationships

Currently, you have little information so I would suggest you make a SAR pThat would give you a little more info and strengthen your position

I would argue that the first dismissal was a sham Although the employer would argue that you accepted it

 

Which would render the claim out of time......

The OP has not yet said s/he is taking legal action

However, if that is the way s/he is going then s/he could make the SAR and take legal action without waiting

SAR would give more info and that is what is needed at this time

When was the employment terminated?

Has the OP contacted ACAS?

If not, then s/he should make the SAR and by the time ACAS conciliation is over s/he would have the required info

I am an employer, and from my side, the dismissal of an employee is a common thing, but only if he systematically violates discipline. I do not know how this happens in your company, but if you didn’t have any complaints or gross violations, I don’t understand your management at all. Almost all the years of our company, we use software to monitor the actions of employees , and we are always sure if our staff is guilty or not. I can advise you to find like-minded people and write a collective complaint, perhaps the management will take it into account

I have contacted ACAS and I'm waiting on the outcome of this.

I have since discovered that this has happened before to a previous employee who just walked away without raising a grievance.

So I guess they think this is normal behaver and this is how to treat their employees