Advice about dismissal - please

Freebie_Manor

Hi
My employer offered me a Compromise Agreement today and I've followed advice on this site regarding contacting ACAS they were really helpfull, ACAS suggested that they could assist by Conciliating between me and employer in a "none ET1" agreement to negotiate on exit from employment. This may be a first step suggestion for you to employer or go straight for the compromise agreement. check out for a definition and more info. http://www.iambeingfired.co.uk/compromise.html
http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DG_10027991
I've also persued the free legal advice I have through proffessional body. The Compromise Agreement does require a solicitor the ACAS solution is free.
Best Wishes

sockpuppet

We were the same - my husb hasnt been unemployed for 22 years! He applied for jobseekers allowance online. Didnt realise you could (not sure if same in scotland?) they called him back, took some info and he had a meeting next day. He has started getting JSA now (£100 a wk - bit of a drop from £2000 a month!) and they have sent claim form automatically for Mortgage Interest Relief so thats being reviewed now. Our mortgage - luckily - is all interest only so we can get it - we hope- after 13 wks from date of initial JSA claim, paid for up to 2 years, at 6.08% (you have to make up any shortfall, but that shouldnt be much) on up to £200,000 of mortgage balance. SO with a bit of luck (fingers crossed) we may have a bit of breathing space. Job situ is hard tho when your reference will say you were dismissed.
Just have to keep on going, try and stay positive. You need to do your appeal and wait at least 28 days from the date you requested an appeal before you apply to tribunal - you can do online - we waited until we had had the appeal decision from the MD (upholding it of course) then applied next
day.
Need 12m service though to qualify.

We just kept on hassling them, with letters requesting any documentation relevant to their decision to dismiss and wouldnt attend an appeal til they provided them. They eventually provided a couple of emails. Nothing to justify what theyve done.

There is help available (free) where you can get someone to represent/accompany you to any tribunal - a good idea - as they are often lawyers in training and help you present all your evidence properly (Law Centres or we found online the FRU (Free Representation Unit).

I think being determined to fight them keeps you focused and does help (a bit).
PS as for your OH appeal,you have the right within 'a reasonable time' to state you wish to appeal. Most companies say 5-7 days but we appealed after 15 days & they had to accept as most people are pretty often shell shocked and need a chance to get their head round it all before they start to think straight and think of appealing, and their grounds for it. ACAS said they felt that was reasonable.

Burny_Sweetwater_Glasgow

Hi Amber,
And so the saga continues. Firstly do not be disheartened by the response from the CAB, they provide an excellent service to many people, how ever employment law is a minefield and specialist advice is a must. Many on this thread have said that OHs' company have not followed the procedures correctly on many occasions and I think that they have all been correct. Secondly please ensure that you ask the solicitor exactly what you will have to pay for their advice or representation before you engage them, also be very wary of 'no win no fee' organisations as any fees charged by them will be deducted from any award/settlement as costs are not awarded at tribunals. I don't know where abouts you are in scotland but you could try to get free advice from a law centre like the Govan Law Center. I don't know if they are close to you but if not why not phone them and ask if they could point you in the direction of someone closer. I don't know if legal aid is available for this type of work but worth enquiring. I find it strange that at the final meeting that 'gross misconduct' was not mentioned, did OH get a copy of their notes from the meeting or sign them as a true copy of events? Could it be that following OHs' request for a statement of the reasons for dismissal OH has confused the 14 days you referred to as the time for making an appeal instead of a reply that within 14 days he would receive the statement of their reasons for dismissal as this is the normal period for such a statement to be issued. Re time given for an appeal - there is no specified minimum so a period of 5-7 working days would be deemed acceptable. Follow the advice given by Floss to lodge the appeal and make a very strong point that they provide you with the evidence.
Good advice from a professional is a must in these cases but be warned it can be expensive. From all that you had said on this thread you would appear to have an open and shut case to take them to the cleaners, I hope you do, but in employment law nothing is really black and white, there is a lot of grey areas as interpretation of the laws vary from one person to another. If you get hold off a really good solicitor it could just take one well written letter, in legal speak of course, detailing all of the failures and breeches you have mentioned to get a result without having to go to
tribunal. Who ever you go to see go armed with as much evidence as you can, this is why it was so important to get everything you could in writing. I wish you well and will continue to read your comments so please keep us informed.
You are not alone, we are here to offer our support in anyway we can.
Take care;)

Amber07

Burny_Sweetwater_Glasgow wrote: »

Hi Amber,
And so the saga continues. Tell me about it Firstly do not be disheartened by the response from the CAB, they provide an excellent service to many people, how ever employment law is a minefield and specialist advice is a must. Many on this thread have said that OHs' company have not followed the procedures correctly on many occasions and I think that they have all been correct. Secondly please ensure that you ask the solicitor exactly what you will have to pay for their advice or representation before you engage them, also be very wary of 'no win no fee' organisations as any fees charged by them will be deducted from any award/settlement as costs are not awarded at tribunals. Our one isn't no win no fee, they do the first half hour free which should give us an idea where we stand. I don't know where abouts you are in scotland but you could try to get free advice from a law centre like the Govan Law Center. I don't know if they are close to you but if not why not phone them and ask if they could point you in the direction of someone closer. I went to their website but it directed me back to the CAB I was just at I don't know if legal aid is available for this type of work but worth enquiring. Will do I find it strange that at the final meeting that 'gross misconduct' was not mentioned, did OH get a copy of their notes from the meeting or sign them as a true copy of events? He has the onotes his witness wrote, definitely doesnt mention gross misc. Could it be that following OHs' request for a statement of the reasons for dismissal OH has confused the 14 days you referred to as the time for making an appeal instead of a reply that within 14 days he would receive the statement of their reasons for dismissal as this is the normal period for such a statement to be issued. The 14 days for appeal said by the director was also included in the notes, I guess it doesn't really matter as we will have the letter ready by Monday.Re time given for an appeal - there is no specified minimum so a period of 5-7 working days would be deemed acceptable. Follow the advice given by Floss to lodge the appeal and make a very strong point that they provide you with the evidence. Yeah, I am going to type it, get the solicitor to check it on Mon before I send it. Might leave out the 'love and kisses' part :rotfl:
Good advice from a professional is a must in these cases but be warned it can be expensive. From all that you had said on this thread you would appear to have an open and shut case to take them to the cleaners, I hope you do, but in employment law nothing is really black and white, there is a lot of grey areas as interpretation of the laws vary from one person to another. If you get hold off a really good solicitor it could just take one well written letter, in legal speak of course, detailing all of the failures and breeches you have mentioned to get a result without having to go to
tribunal. Here's hoping!! Who ever you go to see go armed with as much evidence as you can, this is why it was so important to get everything you could in writing. I wish you well and will continue to read your comments so please keep us informed.
You are not alone, we are here to offer our support in anyway we can.
Take care;)

Thanks again for your advice Burny x

Burny_Sweetwater_Glasgow

Hi Amber,
30 Minutes will fly by - try to give them all of the most pertinent points that apply to the procedural errors, keep to facts for which you have evidence I know you will have a lot of things that you would like to tell them but 30 mins will seem like nothing and don't be surprised if they say that they would more time to assimilate everything that you have Do remember though that to be able to proceed to tribunal you must complete the appeal process first. Try contacting the Govan Law center details are
Govan Law Centre
47 Burleigh Street, Govan
Glasgow G51 3LB
Phone: 0141 440 2503
Email: [EMAIL="mail@govanlc.com"]mail@govanlc.com[/EMAIL]


If they cannot assist you due to where you live they could put you in touch with another center closer to you. Suggest you read through this thread from the very beginning to help you with dates etc and pay close attention to all those replies for items which may have been procedually incorrect.
Keep in touch with us all :beer:

Amber07

Well, here is the letter draft - going to run it by the solicitor before we send it though. Thanks to Floss who provided the bulk of it

Monday 2nd March, 2009

Dear Mr D********,

I am writing to appeal against the decision to dismiss me on the grounds of gross misconduct on the basis that:

-The Company failed to supply sufficient information prior to the last meeting.
-The Company gave unreasonable notice by phone of the meeting date on Friday 20th Feb at 3pm, for a meeting at 10am Tuesday 24th Feb.
-That issues were brought up during the meeting by the Company which were not relevant to their previous notification of disciplinary action, and that I had no prior warning of.
-I felt as though my genuine explanations for most of the incidents were simply ignored or glossed over.
-I feel as though the decision to dismiss me was made even before any investigation was carried out, due to comments made at my initial 'investigation meeting'.

As part of this appeal I am requesting that copies of all evidence discovered by the Company in their investigation be made available to me within the next 7 days, thank you.

Yours sincerely



Amber07's DH

Burny_Sweetwater_Glasgow

:THi Amber
Sounds ok to me, not sure if you should be more detailed i.e. make reference to dates and times of letters, phone call, dates of meetings but guees solicitor will keep you right (I hope). One minor point Monday (today) is March 2nd!!
Keep smiling, let us know how your meeting goes

Amber07

Burny_Sweetwater_Glasgow wrote: »

:THi Amber
Sounds ok to me, not sure if you should be more detailed i.e. make reference to dates and times of letters, phone call, dates of meetings but guees solicitor will keep you right (I hope). One minor point Monday (today) is March 2nd!!
Keep smiling, let us know how your meeting goes

Thank you - good point about dates

The second - so it is!! It's my aunts birthday too, I better pop by with some flowers and a card I have totally lost track of the days recently

Burny_Sweetwater_Glasgow

:rotfl:This is what happens when you stay up past the bewitching hour

Amber07

Well hopefully tomorrow night I may be able to rest a little easier and sleep for the first time in weeks.

Will report back tomorrow.....*fingers crossed*