Employment Tribunal Advice
I started a thread the other day - http://www.hotukdeals.com/misc/what-would-class-a-senior-manager/936037/#post11241399 - about what could be classed as a Senior Manager, in it I touched on an issue I was having at work regarding a dismissal and an appeal. Well they upheld their decision and i'm definitely dismissed. However, i'm now taking it to ACAS and to a tribunal for unfair dismissal.
I'm just wondering whether anyone has done this before or used ACAS before? Thanks in advance.
All Comments (29)
Jump to unread Post a CommentI would suggest trying to seek a mutually acceptable stance that both you and the employer would benefit from, maybe keeping your position but putting in place a procedure where you personally accept the post from the admin team, meaning any future misconduct can be dealt with appropriately.
If you have a clean record of employment, and no reason to doubt your intergrity I can't imagine a judge would rule in their favour based on the evidence you have stated =/
The company is an ombudsman scheme, my role was to answer calls and respond to letters/emails/faxes sent to us requesting our help in resolving a dispute with one of our member companies. Correspondence with my initials on was found in a bin outside the office and instantly linked back to me because of the initials (i wouldnt be stupid enough to leave my initials on something like that if I was binning it right outside the office). I had a disciplinary hearing conducted by my immediate manager, whom I dont consider senior enough to have conducted that and I had my appeal hearing last week. I've also been there for over 3 years.
In those circumstances, it seems as though you would have a good chance of 'winning' if you take it further. I don't know the exact process you've been through regarding your dismissal, but if you consult ACAS, they'll be able to advise if it was correct or not. As someone above has said, do you have any way of proving you couldn't have possibly dumped the letters - check your sent emails, any documents you may have saved etc as they will all have a date/time stamp. If it wasn't you, is there someone at work with a grudge etc who could have tried to get you in trouble?
Just speak to ACAS - they'll be able to advise much better than people on here who don't know your history.
Because it was paper correspondence there is no record of it until its put on the system and this correspondence had been dumped before being actioned so there was no record of it.
If so, I would go for a cash settlement and get a better job, if you have been working there for quite a while.
Who conducted the original disciplinary meeting? If it was your manager, he/she cannot conduct the appeal hearing. Obtain a copy of your companys disciplinary procedure and ensure they have followed through precisely.
Also check if you have legal expenses cover with your house insurance. This will cover solicitors fees which would run into thousands. They would appoint a solicitor on your behalf to manage your case.
Edited By: The Therapist on May 17, 2011 02:11
Also how did they know they where in the Bin ???
Whoever told them must have been told by someone else or even placed them in the bin themselves.
The bin question is that it was someone who empties the bins, seen them, and passed them back in to our company. He also said in his interview that it wasnt the first time, i queried this in my appeal and they said that it was dealt with accordingly at the time but for confidentiality reasons couldnt give any more details, i argued that it's the same offence so surely whatever punishment, if any, was given previously, its unfair to dismiss me for that offence (especially considering I havent actually done it).