Suspended pending Investigation.

[mariefab]

Certainly they can.

 

When an employer summarily dismisses someone for Gross Negligence/Misconduct they dismiss them without notice.

It is to their advantage to fail to recollect ever mentioning their intention to pay you any notice at all.

 

I was hoping that, by just tacking the reference to the notice onto the end of the sentence, they would just pay it without thinking about it too much.

[crobinson]

Just been confirmed that despite my boss who held the summary dismissal saying he definetly said i would recieve a months notice (my hearing rep has just been and spoke with him directly and he said this to him) they are now NOT paying it as they feel they dont need to, my ex boss spoke to HR to find out when i would get it and they saying im not which he has just told my rep who just told me....

Edited September 21, 2009 by crobinson

[mariefab]

They must realised, after your dismissal, that giving you a month's notice was an inconsistent tactical error on their part which they have now corrected.

 

You'd worked there for three years so a months notice would have been generous. (Well more than the statutory mininmum anyway.)

 

The sort of notice that you might perhaps give to an employee that you were sorry to have to let go.

Not exactly the way you'd behave towards an employee you felt had committed such Gross Negligence that you summarily dismissed him.

[crobinson]

Just wondering, is it normal practice to send a P45 out prior to an appeal hearing? as surely the point of the appeal is so they will reconsider there decision.....sending my p45 indicates its worthless....(although i know its part of the process)

[mariefab]

In my, very limited, experience; Yes it is normal practice.

 

As things stand you no longer work there. If the Appeal was to overturn the decision to dismiss, you would return the P45 when they reinstate you.

[crobinson]

Got my appeal tomorrow.

 

Any idea what it will be like, how will it differ from my disciplinary?

 

Is there anything i need to know,

 

Any info wud be great, cheers.

Edited September 21, 2009 by crobinson

[mariefab]

Remember this part of your Appeal letter?

 

Before the date of the Appeal hearing, could you please send me copies of all the Company's documentation relating to the protocols and procedures quoted in the dismissal confirmation letter as, to date, I have never seen any of these documents

 

Have they sent you any of this documentation?

[crobinson]

Yes.

 

None of which is relevant though, they sent me trading priciples that apply to shop staff (cashiers) not senior traders like me, they sent me no documentation that illustrates if shop money shud be included in telebetting figures or not (it never has), they sent me trading limnit sheet which gives limits, none of these were met....

 

All i can discuss is what i said in my appeal letter, is it the same with them?

 

It says at the end of the letter that whatever the outcome this will be the end of the matter.

Edited September 21, 2009 by crobinson

[mariefab]

So, none of the documentation relates to your job, except the trading limits sheet and you didn't exceed these limits. Is that right?

 

All i can discuss is what i said in my appeal letter

 

Did they put this in their letter?

 

It says at the end of the letter that whatever the outcome this will be the end of the matter,

 

If they uphold the decision to dismiss you, you can then make a claim to an Employment Tribunal for unfair dismissal if you wish.

[crobinson]

All i can discuss is what i said in my appeal letter

 

Did they put this in their letter?

 

Yes, it says if i want to add anything further i had to let them know in writing prior to the appeal, just wondering if they have to adhere to this as well.

 

none of the documentation they sent is relevant really.

Edited September 21, 2009 by crobinson

[mariefab]

OK, an Appeal hearing should be held by a different, usually senior, manager to the one who held the Disciplinary hearing and subsequently dismissed you.

The purpose of an Appeal hearing is to go through everything from the Disciplinary hearing again, plus any relevant new information from you, and then to decide whether the original decision to dismiss you was correct.

 

They referred to 'established protocols' and 'standard procedures' in the letter outlining the decision to dismiss you and then, when you asked for documentation relating to these, they failed to produce any and sent irrelevant documents instead.

 

You should raise this, at every opportunity, during the Appeal hearing because they seem to have dismissed you for failing to follow non-existant protocols and procedures.

 

there is nothing they can do to prevent me pursuing this further if i wish?

 

No, nothing, the decision is entirely yours.

[crobinson]

Excellent. appreciate your help.

 

 

Its the Managing director and head of HR who are conducting the appeal, the HR rep is represetning the company it states on my letter.

 

take them to task on the lack of process / protocol and inconsistencies in what they have....

Edited September 21, 2009 by crobinson

[crobinson]

Had my appeal friday, went as well as it could, anyway, Got a call today asking me to go in and see them tomorrow.

I asked would i need a rep and was told no but it was up to me.

 

Must admit thought i wud just get a letter informing me decision stands and i was sacked...be a bit ****ed if i travel 30 odd miles and am told ya still sacked.

 

Anyone know if its normally a letter sent or if it has to be done face to face....

[mariefab]

Normally a letter is sent.

 

I'd advise you to take a rep with you.

 

In my daughter's case her Appeal meeting went really well and she expected to be reinstated. Two days later they came up with a new list of accusations.

[crobinson]

Can they start asking me new questions without officially informing me of what i am walking in to?

 

The appeal ended, surely they cant use any thing outside of that appeal and the original hearing to base there decision on?

 

Ive already arranged for sum1 to come with me anyway, really expetced to just get a letter

[mariefab]

Can they start asking me new questions without officially informing me of what i am walking in to?

 

The appeal ended, surely they cant use any thing outside of that appeal and the original hearing to base there decision on?

Well they shouldn't, but sadly not all employers behave correctly.

[crobinson]

Just a matter of seeing what happens then.

 

Like i say, im taking someone in with me despite being told its not needed, bit baffled by it now, just assumed a letter would be in the mail in the next day or so....

[mariefab]

It's possible that they've decided to overturn the decision to dismiss you and reinstate you without any further loss of time; hence the meeting rather than the delay that sending a letter would cause.

 

Or, perhaps they want to overturn the dismissal but impose a lesser penalty, written warning etc; and they want to discuss this with you first. If so, you don't have to sign agreement to any penalty there and then.

 

Tomorrow will tell.

[mariefab]

I've just re-read this thread and another possibility has occurred to me.

 

After you dismissal you felt that, There is not a cat in hells chance of getting my job back....

 

Perhaps after the Appeal meeting the HR pointed out that you could have grounds for an unfair dismissal claim if the decision was not overturned.

But, they don't want to have to back down and reinstate you.

 

Maybe they wish to offer you a financial settlement and a good reference in return for your agreement not to take them to an Employment Tribunal.

If this is the case, again you don't have to agree to anything there and then; you should definitely take advice first.

[crobinson]

Suppose they are the 3 options now.

 

Sacked, Reinstated or pay off, i will not be agreeing to either of the last 2 without taking my time to asses what is on offer (like if the reinstatement includes a written warning).

 

Ive re read thru the thread myself and made alterations to a few posts, dont want anything that could be taken the wrong way shud a member of the HR staff happen to stumble onto this site, which i suppose is possible.

[Guest Old_andrew2018]

good luck

[mariefab]

Ive re read thru the thread myself and made alterations to a few posts, dont want anything that could be taken the wrong way shud a member of the HR staff happen to stumble onto this site, which i suppose is possible.

 

I've got a grievance hearing coming up I'd better go and do the same. >>>>>>>>

[crobinson]

Its got to be a possibility as no doubt they will also be looking for answers and help on subjects, and this forum does pop up a lot on google suggestions....and my user name is hardly encrypted ....

 

Will post more after tomorrows meeting....

[andie_303]

good luck

[crobinson]

Im back.

 

Offered a compromise agreement, what does that suggest?