Sacked on the spot without warning

[gazhodge1981]

This is the line i am thinking of going down :-

Employment started on 28th June 2010.

 

Dismissed on 31st May 2011 without notice.

 

Salary for the month of May paid into bank account on 31st May 2011.

 

Cheque for a month’s salary (June) given with dismissal notice.

 

If the correct procedure had been followed and I was permitted to work notice my length of time in continuous employment with [edited] would be beyond a year, termination date would have been on 30th June.

 

If Code of Practice Disciplinary and Grievance Procedures would have taken at least 3 months to dismiss. (Acas minimum requirements) No Acas minimum procedure were used to dismiss.

During period of employment the Claimant has never received a warning or has been spoken to regarding performance.

if the Claimant had been given the proper notice then that would satisfy the 12 months continuous employment. If the employer did not want the claiment on the premises during the months’ notice period then it would have been quite In order for them to put the cliament on gardening leave so essentially would this constitutes unfair dismissal as the misconduct allegation is contrived and appears to have no basis in fact.

At no point of employment has the claimant been given a contract of employment or written particulars of employment during employment.

Please point out any mistakes

Edited October 13, 2011 by silverfox1961
removed company name

[gazhodge1981]

One thing that never clicked was from January to the end of March my average working hours were around 70 hours a week but i complained about the hours as there was no opt out or option to. they reduced the hours for the rota from April to June to around 48 hours a week and ten i get sacked i don't know why i didn't think of this before I don't know if this matters much.

[gazhodge1981]

Ok I think this is it :-

 

Employment started on 28th June 2010.

 

Dismissed on 31st May 2011 without notice.

 

Salary for the month of May paid into bank account on 31st May 2011.

 

Cheque for a month’s salary (June) and holiday paid up to the 30th June given with dismissal notice.

 

If the correct procedure had been followed and I was permitted to work notice my length of time in continuous employment with the Respondent would be beyond a year, termination date would have been on 30th June.

 

If Code of Practice Disciplinary and Grievance Procedures would have taken at least 3 months to dismiss. (Acas minimum requirements) No Acas minimum procedures were used to dismiss.

During period of employment the Claimant has never received a warning or has been spoken to regarding performance. At no point where company standards or requirements shown or pointed out by any member from the Respondent.

if the Claimant had been given the proper notice then that would satisfy the 12 months continuous employment. If the employer did not want the claimant on the premises during the months’ notice period then it would have been quite In order for them to put the claimant on gardening leave so essentially would this constitutes unfair dismissal as the misconduct allegation is contrived and appears to have no basis in fact.

Some of the Respondent’s staff has contacted the Claimant during the month of June regarding customer deliveries and information on how to change information on the respondent’s website. Proof of this can be provided by telephone records from the Claimants mobile phone.

At no point of employment has the claimant been given a contract of employment or written particulars of employment during employment.

 

At no point has the Claimant had any training from the respondent with regards to their claim of poor performance and capability.

[Gbarbm]

Sounds good to me Gaz, I think the silver bullet is the fact that you received a payment for June which to all intents and purposes constitutes a salary payment and the fact that staff have been contacting you about work related issues is priceless! If your performance is so "poor" why are you being contacted.....if anything, this illustrates what a key member of staff you are considered to be.

[gazhodge1981]

Sounds good to me Gaz, I think the silver bullet is the fact that you received a payment for June which to all intents and purposes constitutes a salary payment and the fact that staff have been contacting you about work related issues is priceless! If your performance is so "poor" why are you being contacted.....if anything, this illustrates what a key member of staff you are considered to be.

 

Whats even more funny is the two glowing references i have from my two line managers i must have been bad lol

[Gbarbm]

With regards to the hours worked, the employer had to comply with the working time regulations which means anyone working over 48 hours a week (except if you're a policeman, fireman or a share fisherman) has to opt out of the working time regulations ..... Did they ask you to do that?

So it's looking more and more like that's the reason for them getting rid of you..... Well give em hell Gaz and lets hope you get a nice payout off them in time for Chistmas!

[Gbarbm]

Loving the glowing references ......stick them in the evidence file.....wish I lived nearer, I'd love to come to the tribunal just to watch them squirm!

[becky2585]

Actually Gaz that could have been a highly significant point.

 

If you could prove that you were dismissed (i.e. suffered a detriment) as a result of making a protected disclosure (i.e. complaining about working over the 48 hour week, an illegal practice), you could have a whistleblowing claim, and if your dismissal was found to be connected, you wouldn't need 12 months' service as it would be an automatically unfair dismissal.

 

You didn't plead that claim in your original ET1 though, so it might not get you very far, which is a shame. And if you tried to bring the claim now, chances are it would be out of time.

[gazhodge1981]

Actually Gaz that could have been a highly significant point.

 

If you could prove that you were dismissed (i.e. suffered a detriment) as a result of making a protected disclosure (i.e. complaining about working over the 48 hour week, an illegal practice), you could have a whistleblowing claim, and if your dismissal was found to be connected, you wouldn't need 12 months' service as it would be an automatically unfair dismissal.

 

You didn't plead that claim in your original ET1 though, so it might not get you very far, which is a shame. And if you tried to bring the claim now, chances are it would be out of time.

 

What if i had the rotas which show Jan to the end of march and then the rota April to June with much less hours on it i didn't put it on the original for but i can't hurt to ask or do you feel it is to late.

[Gbarbm]

You know what Gaz I don't think it would hurt....what's the worst that could happen.

Just send in copies with a covering letter saying something along the lines of " I apologise for this oversight on my part"

[gazhodge1981]

Hi all, Sorry not been on for ages been working really hard

 

Right here is where i am upto.

I wrote to them requesting the documents list above and got no reply so they missed all there deadlines under the order. I wrote to the ET asking them to order them to send me the requested documents and they got back to me about a month later saying that the Tribunal on the 16th Jan 2012 will now be a pre hearing and i need to prepare a witness statement the week before and send it to them.

Can anyone advise me what me next course of action should be? maybe write to them asking for a settlement out of the tribunal?