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tweak_93

Unfair dismissal do I have an appeal?

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On wednesday I lost my job basically i worked at a waterpark and we were allowed swimming after our shift, which we do alot and we had permission. They saw us messing about we always do, and two people did get minor injuries but nothing a plaster can't fix anyway someone filmed us and i put the videos online.

 

And everyone who went swimming got a written warning about it, seeing as they saw us and allowed us to do this at the time a but unfair in itself

 

Then i get the sack, my manager said 'i'd had enough chances' which just isn't true i've never had any verbal or written warning, i've never been suspended. I always came in on time, never went AWOL, did all the overtime I could manage.

 

Another case to mention a now manager has a video online of him and 2 lifeguards taking a trolley down a slide, which is online. why aren't any of them sacked?

 

Loads of people have told me to appeal and I do want to but I don't know how to go about it, can any of you give me advise on where I stand and how I can go about appealing?

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Did they give you the right of appeal?

 

How long did you work there?

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yes, but i've decided not too, it's stressing me out too much, i'm just going to concentrate on getting a new job

 

and i started june 2012 so over 2 years

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Personally I would download the video as evidence, appeal the decision and ask for equal treatment to others, and provide a link to the video. No stress involved, but if management, through their own actions permit or give cause to believe that those actions are acceptable, then the employer would find it hard to ignore.

 

Dismissal for Gross Misconduct, or disregarding H&S is a serious problem for you in future references.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Well yes, you could appeal by arguing that (1) you have an excellent disciplinary record, (2) people regularly played in the water without being stopped by management so there was implied consent for it to take place, (3) playing in the water with a bunch of other colleagues does not justify a gross misconduct dismissal, (4) you weren't treated equally with other employees and were unfairly singled out. You might as well put in an appeal in writing and see what happens.

 

I imagine the dismissal took place because you posted the videos online. It was a daft thing to do and it is possible the employer will sieze on it.

 

Of course if this is too stressful then it is perfectly reasonable to let it go and search for another job. Good luck.


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