What are my options??

[Out4Revenge]

HI, brief out line,

I was sacked last year for having to much sick time, I was just about over the threshold for the invocation of the Dp action, I'd been there for 11.5 months.

My question is, I have noticed on my contract several parts regarding what sort of action can be taken for different sorts of offence, the most interesting point is that unless it's gross misconduct then the procedure can only jump 2 steps,i.e. Verbal warning, 1st writen, 2nd written, sack. In my case they went from no warnings to sack! there are also more contitions they have ignored, which would have ment that DP should prob not have been invoked.

 

I was in the union, they represented me but were worse than useless, they let an "informal chat" turn into a formal DP hearing, even after I said that I was in no fit state to be there. They let 2 managers bombard me with the same 2 questions for 30 mins. These questions where, if they kept me on how would I ensure better attendence, I had no answer to this apart from I'm already doing everything in my power to try not to get ill, and the other question was, could I not come back to work now and do something easier? I said that I couldn't as I'd been signed off by the doctor, and because of my ilnesses I would be a danger to myself and others, I was suffering from Vertigo, insomnia and was being test for Cancer(luckily all clear).

The result of this "meeting" was I was sacked. I appealed, I had a union rep with me at the appeal, I felt better so was better prepeared, almost as soon as I walked into the appeal I knew that I'd lost, the union rep was useless again, but I was on the ball so I pulled them to bits with regard to procedure, they just said that the procedure was a guideline only and they didn't have to follow it, I asked for a break to speak to the rep, asked him why he was allowing this farce to carry on, he said that I was doing good and was bound to win as I had them on the procedure and just carry on as before. I told him I wasn't happy, that he should be insisting they follow procedure which had been negoiated by the union and was in my contract, he wouldn't "rock the boat".

So can I sue? if I can,,,,

Do I sue then company, the union or both?

I've been out of work since then apart from 2 weeks as a christmas temp, so could I claim loss of earnings from date of sack until I started work as a temp? or up to now?

[poppynurse]

With less than 12 month service you have a lot less rights than someone with 12 months +. I don't think you're entitled to claim unfair dismissal unless on the grounds of discrimination.

 

Even if you had a claim I suspect you'd be out of time as you have to file with the ET within 3 months, they will extend but only in very exceptional circumstances.

 

Hopefully someone with HR know how will be along soon.

[Out4Revenge]

Hi poopynurse and thanx,

I already know I can't go for unfair or wrongful dismissall, I'm talking about a CC claim, I know that I wasn't sacked because of time off, I was sacked because I kicked up a fuss about a H&S issue, they were just using the time off as an excuse, if they counted the overtime I'd done then I would have been below the 4% threshhold.

[poppynurse]

I don't know if you can file a civil claim on this- do you have evidence to support your view of events?

[Out4Revenge]

I have my contract, and employee hand book with my terms of contract in it, they have quoted the t&c's so they can sack me, then said they are guidelines when they don't suit their purpose. I want to SAR them, but need to know if I can take it to CC before I do, otherwise it's a waste of £10.00.

thanx Jimi

[Out4Revenge]

Anyone? is it possible for me to take either ex employer or union to court for breach of contract?

I know I can't go for unfair or wrongful dismissal.

[monkeychicken]

I have heard of a case where someone took their union to CC and got reimbursed for all the union fees they paid. I think the issue about consequential loss is too remote, it was judged that they had not received the 'service' they had paid for through their fees and therefore were entitled to a refund.

 

I googled 'union' and 'bad advice' and combinations of similar words and eventually found a reference to the case. I cannot remember all the details of the case, if I do, i'll post it here.

 

Perhaps CAB may be able to help you.

[Out4Revenge]

thanx monkey, it looks like it will have to be my former employer then as I hadn't been a member of the union for very long