Is this unfair Dismissal?

[xpara]

I've been working for Barclays bank for a year now, and over the past year i've had a number of sick days, which have resulted in me recieving a final written warning.

 

Recently I had a viral infection and was told by the doctor not to go into work, on my return I was told If I dont hand my notice in ill be sacked.

 

Can anyone shed any light on this matter?

 

Appreciate any help, thanks.

[BankFodder]

It certainly sounds like unfair dismissal.

 

I suggest that you refuse to hand in your notice and wait for them to sack you. I am assuming that you have been working there from more than one year. If you have been working there for less than a year then you need to calculate whether you're notice period would take you up to one year. If it does not, then you will not have any employment rights. If you can show one years employment then you will have employment rights and you will be able to bring to an action for unfair dismissal. You will have to move very quickly and make your unfair dismissal complaint within six weeks to the industrial tribunal.

[xpara]

Thanks for your time and replying.

 

I had to hand my notice in, they gave me 1 hr to decide. My notice period does take me over 1 year. Before I leave should i sign up to the work union?

 

Do you think I have a leg to stand on though as I dont have any proof that I was forced to hand my notice in?

 

What would be the next step for me now?

[Ell-enn]

Ring ACAS in the morning, they'll tell you the exact position and what to do next. Acas - Contact us

[tigerbar]

i was dismissed through till shortage. someone else used foul and abusive language to a senior member of staff and nothing was done. another person caused damage to company property nothing was done again. no disaplinary in either case is this right and have i a case for appeal?

[hitchy1]

i was dismissed through till shortage. someone else used foul and abusive language to a senior member of staff and nothing was done. another person caused damage to company property nothing was done again. no disaplinary in either case is this right and have i a case for appeal?

 

You need to start your own thread, but generally yes you do have a case depending on how long you worked for the company. If there was no investigation appeal etc then you can apply to tribunal for unfair dismissal. Companies have to follow the correct disciplinary procedures or face the prospect of losing tribunals based on process and not if decison was right or wrong.

[tigerbar]

thank you for your reply but i forgot to mention i had been with the company for 4 years and was on my final written warning for till shortage i only received 1 week in lieu of notice should i have got more like i said the other 2 employees the first was foul and abusive language and the second was deliberate damage to company property they never received a disaplinary and are still there do i still have a case for a tribunal thanks

[hitchy1]

thank you for your reply but i forgot to mention i had been with the company for 4 years and was on my final written warning for till shortage i only received 1 week in lieu of notice should i have got more like i said the other 2 employees the first was foul and abusive language and the second was deliberate damage to company property they never received a disaplinary and are still there do i still have a case for a tribunal thanks

 

Your length of service gives you the right to go to tribunal, but there are still some fundamentals that you need to answer.

 

Did you attend a disciplinary interview and did this follow the company procedures? If yes, were you given the right to appeal and did you do that?

Cannot really advise you further without that info. The other two peoples cases are not really relevant and the company dont need to explain to you how it was handled unless you have hard evidence of failure to follow procedure this one will be difficult.

Concentrate on your own case and i will try and advise you how to proceed.

[tigerbar]

yes i had a disaplinery and i am going on appeal soon i was handling 25000 pounds aday i have the whole factory as wittness to the other matter as they went round and told evryone i must say one was the genarl managers son the other was the ass manegers son

[hitchy1]

yes i had a disaplinery and i am going on appeal soon i was handling 25000 pounds aday i have the whole factory as wittness to the other matter as they went round and told evryone i must say one was the genarl managers son the other was the ass manegers son

 

Ok, this makes it more difficult. You need to state your case at the appeal and take a witness if procedure allows, it should do. At this meeting you need to ask why other incidents of gross misconduct are being treated differently. If they uphold the disciplinary and dismiss you, you are likely to only get paid to date of dismissal.

Once the process is complete ring ACAS and ask for advice. It's easy to apply to tribunal but you will need to be confidant about your facts. Make sure you get copies of all notes taken during the disciplinaries.

[tigerbar]

thanks for your advice i wasnt dismised with gross misconduct only with till shortage there is no mension of any form of dismisal only till shortage its other people thats got away with gross misconduct and i feel its unfair

[hitchy1]

thanks for your advice i wasnt dismised with gross misconduct only with till shortage there is no mension of any form of dismisal only till shortage its other people thats got away with gross misconduct and i feel its unfair

 

They have dismissed you because you were on final warning and whilst the next incident is not dismissal on it's own, its enough to take you to dismissal based on previous record.

Their defence will be that they have followed company procedures and unless you can prove they havent it will be difficult at tribunal. You would need statements from the people who saw the other incidents in order to try and show they werent applying consistency. Wait for the outcome of the appeal try to show you are being treated differently and they may reinstate you. If not you then contact ACAS for advice in applying for tribunal. For advice on what your outstanding payments should be, look through the following.

 

Dealing with grievances, dismissal and disciplinary action at work

[tigerbar]

thanks

job seekers plus have said today that it is classed as miscondunct, but they cannot understand why i was still allowed to work on my till for 4 days after the incident. in the company handbook it states that no family members are allowed to work on the same team i myself was on a till my mother was on a till and my sister was our supervisor. one more point in the handbook its has a flow chart of the disciplinary procedure and the 1st two steps were no carried out these were suspension or investigation.

[hitchy1]

thanks

job seekers plus have said today that it is classed as miscondunct, but they cannot understand why i was still allowed to work on my till for 4 days after the incident. in the company handbook it states that no family members are allowed to work on the same team i myself was on a till my mother was on a till and my sister was our supervisor. one more point in the handbook its has a flow chart of the disciplinary procedure and the 1st two steps were no carried out these were suspension or investigation.

 

Not following their own procedures would make your case very strong. They would almost certainly lose a tribunal based on that.

You need to point out in your appeal that they have failed to follow the procedure and ask them to rescind any warnings issued. If they fail to do so you can apply to tribunal for unfair dismissal, but dont give that info away, use it olny when you need to. Good luck.

[tigerbar]

thanks for that i will let you no the outcome

[tigerbar]

hi this is for hitcy1

i went on my appeal today and it was not upheld i asked why my disaplinery was not fully investigaterd he said it was i asked why no evidence from the custermer that gave me 100 pound short he said she woudnt give a statement so now ishall go forward with the company procedures he said company procedures was carried out on my disaplinery so why wasnt it done on the other matter i didnt mention that to him so i will go for it