Unfair Dismissal - ** RESCINDED **

[Conor2]

I believe my employer has unfairly dismissed me.

 

The events: A work mate at the time took two drinks from the shelf at work, then went to the back of the store were no cameras could see. I then went out the back and chatted with him, he drank both of the drinks then put them in the bin, the security guard then came down seen the two empty drinks in the bin. We were both then called up stairs to have separate meetings about the incident, during this I told them that I didnt see the work mate drink them and said they were just placed on the side then we left. Following these meetings we were both suspended so the case could be investigated. While we were suspended he handed in his resignation before the disciplinary hearing, I attended my hearing told them that he had drank both of them. However I was believed to have been guilty as I changed my story and they fired me on the grounds that they believe that I consumed one of the drinks.

 

Since this conclusion I have expressed that I wish to appeal the decision and will bring a letter to them tomorrow stating this. I have also got a signed statement from the work mate that drank the two drinks saying he did so to take as evidence of my innocence.

 

Just writing to ask is there any advice on my situation anyone can give, I've went to the citizens advice bureau and they said to first give them my appeal letter then get in touch with the employment tribunal.

 

Thanks for your time

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the employment forum, where the guys should be able to help you. I'll send you a link by PM.

 

My best, HB

[Sidewinder]

On precisely what grounds have you been dismissed? Theft?

 

Whilst you may well have grounds to appeal (and indeed should) against any charge of the theft itself, your employer may still have grounds to dismiss you fairly for acting as an accomplice/being complicit in an act of dishonesty/breach of trust. This would be on the grounds that you were aware that a colleague had stolen items and did nothing about it, or, that you lied when asked about the theft. On that basis, it may be that the employer could hear your appeal but still choose to dismiss, but equally, a well worded appeal might also persuade the employer to downgrade the dismissal to a warning.

 

I am wondering why the CAB would advise you to go to an Employment Tribunal. If, as you say above, you were untruthful when asked about the drinks, then a Tribunal case will be a non-starter. This is not a matter which requires proof beyond reasonable doubt, merely that the employer is required to have a belief on the available evidence that you were involved in an act of dishonesty. A Tribunal will not assess whether the employer was correct in their assumption, merely whether their actions in dismissing you were a reasonable response to the matter in question. Sadly, I fear that not disclosing information during an investigation into a theft will be seen as covering up for the thief, and that dismissal would be a reasonable response on the part of the employer.

 

Sorry - I am certainly not making you out to be as guilty as your former colleague, but believe that in the way you have worded your post, the employer has got you either way. You must appeal because you are not guilty of the theft, but in that appeal you will have to have a pretty convincing explanation for why you did not speak out at an early stage if you knew that your workmate had stolen drinks, and why you acted in such a way as to cover for his dishonesty. Misguided loyalty would seem to have cost you dearly.

[stu007]

Hi

 

From what you have said your Employer has taken the reasonable belief route mainly due to you changing your version of events.

[Conor2]

Thanks for your words, I have sent in an appeal letter to the store on Friday waiting for word back after the bank holidays this week. I was dismissed with the allegation of theft through consumption. They said because I changed my story it was unclear as to what the truth was and it left them with the reason to believe that I consumed the other bottle. Im hoping that the appeal letter and my sincere apologies along with the statement from the other colleague stating that I had no part in it may change the outcome but the longer it goes on the more I'm thinking it doesn't look good. Very upsetting.

 

Sorry it took so long to reply.

[transient]

When the events were as straight forward as you say how could you have provided different versions of the events? think you need to elaborate here on what the difference is as something does not add up

[orfoster]

I think the fundamental point here is that the employer would be justified in the dismissal, they have dismissed you for theft, that is incorrect and you are appealing on the basis of new information, namely the statement which you have obtained from your ex-work colleague.

 

The difficulty here could well be that in any event your employer would say that there has been a break down in trust and confidence that they have placed in you, and as a result of that that breakdown is fundamental to your continuing employment and therefore you would be dismissed on those grounds.

 

Unless you have any other information?

 

Could I ask how long have you been employed with the employer? Note that you are unable to claim Unfair Dismissal for the first 12 months of work if you were employed prior to April 2012, however after this date it is now 24 months.

 

Also note that your limitation (date of which you must bring a claim) for Unfair Dismissal would be 3 months less one day from the date of dismissal.

 

However, based on the above information it would not seem as though you have a claim to take forward to an Employment Tribunal.

 

You may want to take legal advice, it seems you have been to the CAB but if you have legal expenses insurance on your property you may be able to call them and seek some advice.

 

Hope that helps.

[Conor2]

When the events were as straight forward as you say how could you have provided different versions of the events? think you need to elaborate here on what the difference is as something does not add up

 

Because the other workmate said in his interview that he handed them to me to put in the fridge, this didn't happen.

[Conor2]

I think the fundamental point here is that the employer would be justified in the dismissal, they have dismissed you for theft, that is incorrect and you are appealing on the basis of new information, namely the statement which you have obtained from your ex-work colleague.

 

The difficulty here could well be that in any event your employer would say that there has been a break down in trust and confidence that they have placed in you, and as a result of that that breakdown is fundamental to your continuing employment and therefore you would be dismissed on those grounds.

 

Unless you have any other information?

 

Could I ask how long have you been employed with the employer? Note that you are unable to claim Unfair Dismissal for the first 12 months of work if you were employed prior to April 2012, however after this date it is now 24 months.

 

Also note that your limitation (date of which you must bring a claim) for Unfair Dismissal would be 3 months less one day from the date of dismissal.

 

However, based on the above information it would not seem as though you have a claim to take forward to an Employment Tribunal.

 

You may want to take legal advice, it seems you have been to the CAB but if you have legal expenses insurance on your property you may be able to call them and seek some advice.

 

Hope that helps.

 

I've worked for them for 3 years, I'm apart of the law club with the company which provide legal advice and representation. I'm going to get in contact with these for some advice around the issue.

[Conor2]

Copy of the appeal letter,

 

 

Dear *****,

I’m writing this letter to inform you of my decision to appeal against the decision reached on the 24/05/2012 regarding my dismissal from work. The grounds for the appeal are as follows:

 

I understand that I should have told the truth from the beginning and none of this would be happening, and have regretted not doing so ever since. I felt pressured into sticking up for Dominic and should have handled the situation differently; I made a huge mistake and want to make it clear that I would never think of stealing anything. I’ve never been placed in a situation like that before and didn’t handle it correctly; it would certainly not happen again if I was to be given a second chance. I have worked for the company for almost three years and throughout these three years the company has looked after me very well, transferring me back and forth to stores while I’m at University and back home. I’ve been under enormous pressure the last couple of months as I am currently sitting my final exams at university and was wishing to get a place on the graduate scheme within the company so I shouldn’t have jeopardised my chances of this by not being honest. I have never done anything wrong in my time with **** and I’m sure anyone I’ve worked with in the bakery will confirm that I am not the type of person that would steal anything. Following this decision I have since gathered a signed statement from Dominic clearing me of the allegations surrounding the events that took place and will bring this with me to the appeal hearing.

Yours Sincerely,

Conor

Edited June 6, 2012 by honeybee13
Removng your surname to provide more anonymity.

[orfoster]

Hi Conor,

 

Just to make you aware that if your employer fails to reinstate you and you want to refer the matter to your representatives for legal advice your limitation date would be 23rd August 2012, this is the date that a claim must be submitted by which is 3 months less one day from the date of your dismissal.

 

Has the appeal letter been submitted? Also, please take your name off the bottom of your previous posting.

[Conor2]

Yes the appeal letter was submitted on Friday the 8th and still haven't heard any word about when the meeting will be taking place.

[Conor2]

Had the appeal meeting today and got the job back, happiest fella around right now. No idea. Learning curve.

[becky2585]

Congratulations! That happend very rarely

[Sidewinder]

Wow! Have to admit that I am surprised in the light of the circumstances, but am delighted for you. Well done for sticking with it.

[Conor2]

Yeah I was told 9 out of 10 times I would have been out the door, but the store manager had spoke to the people I had worked with and the managers in charge of me and they all had good things to say. I'm extremely lucky and thankful that I got it back, I thought it was hopeless trying to get it back but just goes to show if you want something enough and keep at it you'll get there.

 

Thanks for the previous advice aswell, none of the tribunal stuff matters now thankfully threw all that stuff in the bin with the biggest smile on my face.

[honeybee13]

Hello again. I've only just seen this, but I'm very happy for you and will amend your thread title to reflect your success.

 

Best of luck for the future.

 

HB