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unfair dismissal


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Hi.I was at work two wks ago and I pulled this Guy who o know has bin stealing diesel and other items from our demolition site. We fell out over it and after it calmed down we got back to work and 2 hours later my boss come to see me as I got to the cabin he said I've had a call of this other Guy saying the things I accused him off.lol. and said your suspended on full pay till Friday when I go in to answer the alleged complaint .so I was home on pay and Friday come and off o went to meeting with a friend who's pretty good at hr stuff. Anyway got to meeting and before I sat down my boss said this want take long as he has already made his mind up as he has other complaints about me.so I asked him what his decision was and he said ime sacked as from now.so I didn't get to see any statements if any. So therefore didn't get to put my story across. For saying this was ment to be an investigation. And the best bit is because we work a good bit away I share I van with 7 other guys and none has said I've put stuff in the van to steal including the forman. What do youthink

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Hi,

 

Did he give you the reason, or reasons for disimissing you? (or a letter?)

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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So, you have been summarily dismissed for gross misconduct (theft)...

 

Do you hold a contract, or statement of particulars, and a handbook of employment?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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No investigation has taken place, and no formal disciplinary hearing has taken place... Is that right?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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I was suspended on Monday morningon full pay while a investigation takes place and to collect statements. So on Friday I went in and before i sat down he said he's made a decision in me being dismissed. So didn't get to see any statements if any. Or to tell my side of story..

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Monday 13 February, suspended...

Friday 17 February, summarily dismissed for gross misconduct (theft)...

 

One question I must ask... You were employed and not a sub-contractor?

 

Does that letter state that you have a right to appeal within a certain number of days?

 

Now, your ex-employer would be able to summarily dismiss, without following a disciplinary procedure, had he found you red-handed stealing company property... Now, I understand that it is not the case! However, even in such a case it is always good practice to follow a discplinary procedure (see ACAS for the procedure itself).

 

In the present case, your ex-employer has not given you the chance to 'put your side of the story' across and a chance to defend your case.

 

You should write to your ex-employer stating that proper procedure has not been followed, and you wish to appeal. Failing to do so, you would be entitled to pursue a claim for unfair dismissal...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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I was employed .Yes I've sent a basic letter of speak and have had a response to go in on 2nd March to state why I have appealed. In one other letter he also said he asked me questions but I didn't answer..

Edited by mark1942
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[Thanks for editing your post]

 

Prepare your appeal... Make sure you print out the ACAS - Code of Practice 1: Disciplinary and Grievance Procedures (2009). Request copies of the internal disciplinary procedures, copies of the statement, or statements they will rely on at the appeal (you may state in your letter that they can redact (delete) any names in their statements should they need to protect the identity of their witnesses), minutes of any hearing, or hearings you attended in relation to this incident, and prepare questions you may want to put across.

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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No problem...

 

However, any letter you send MUST be sent ''Recorded Delivery''...

 

Your aim, at the hearing will be to put your points across and to deconstruct the witness statement, or statements...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Very well...

 

Do not hesitate to come back if you need more information/help...

 

Send a letter (recorded delivery) today, or tomorrow, to request all documents they will rely on at the hearing... Such documents should be in your possession in good time (so to speak) to give you ample time to prepare your appeal.

 

Good luck!

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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