have now got a in contact with a solicitor and going to see him on wednesday

yes something to refer would be good. lm only a engineer l don't normally have to do this sort of things cheers for your help and will keep an eye on the forum thanks

and yes people have been caught but not sacked someone was caught on the shop floor but stayed

sorry straight

yes l left start away on the 3rd and lm payed upto the 3rd and that is it

hi mariefab that is my line of defence why lm being sacked for gross misconduct and the other two got a verbal

cheers bazak1 will have a look on there. It does say in the smoking policy at my workplace it is gross misconduct. But how far do you go?

Hi thanks for replying 1.yes l did carry on working for the rest of the day. 2.yes l did carry on working from the 22nd of July till Aug 3rd 3 yes l did go to a meeting after lunch asking me if l had been smoking.He said answer the questions very carefully as if it was serious l said l thought it was lunch break. they said they had three people who had seen me at 23 min past when it was break at 12.30 and it was on CCTV and l asked lf this was going to discipline me he said hed look into it. l then got a letter on Mon the 27th July asking me to go to a disciplinary on the 3rd of Aug saying l was in breech of the smoking policy which can lead to summary dismissal for gross misconduct and l can be accompanied by a union rep or a work colleague. On the 3rd l went to the hearing and said l thought it was break and it was not intentional. They said didnt l think it was strange that there was nobody there when l went out. l said a few minutes later two others came out so thought l had done nothing wrong. I mentioned about the clocks being different in various parts of the factory which they are. The outcome of that hearing was a breech of the smoking policy outside of break and l was dismissed for gross misconduct which they have given to me in writing. In my appeal letter l said l find this unfair and harsh and feel discriminated as there were others they on CCTV aswell. And have seeked legal advice which l did. Trying to think of right things to say at the appeal. like arent supposed to suspend me if my actions are that bad. Any advice please? all this over 6 mins!!!

Hi l wonder if anybody can give me advice on gross misconduct l have been dismissed and have got a appeal on thurs 13th aug l was on a final written for sick for six months still had about 3 months to go but was seen smoking shelter 6 mins before lunch thinking it was my lunch or near as. they say this is gross misconduct in there eyes breach of rules.It is gross misconduct to smoke outside of break and was dismissed appealing on thurs. In my appeal letter l stated l thought i was break and some of the clocks read different in factory anyway. And have been there 10 years. There were other people 2 mins before there break aswell but they just got a verbal warning.this happened on the 22nd of july and they didnt dismiss till the 3rd august l went to Citizens advice and they think l should have been suspended if they consider it that serious but there were 13 days before l got dismissed l also said l feel this is discriminated against as there were others there aswell. what do l say as l have not got myself a union rep. please any advice!!