Apparent Dismissal from work

blaidoug

was suspended on full pay,from work on the 18th April 2008 on the basis that i committed a theft from work,this supension was with immediate effect while a investigation was conducted under the discplinary procedure.
I waited and waited,recently on 20th August 2009,i recieved my P45, payslips from may 2009 to july 2009,an invoice for £2,548.15 and a letter from the finance department stating that overpayment was made due to the payroll department recieving my termination form on 6th August 2009,informing them that my last working day was 5th June 2009.

I have since contaced my manager in writing to ask for clarifcation on my apparent termination,and why under there disciplinary procedures i did not recieve any corresponedce to the allegations that were placed against me, nor was i asked to attend any hearings, i have asked what efforts were made to contact me concerning all the above matters.

My manager responded with a letter dated 17th september 2009. Stating that she has noted the content of my letter and will be seeking response to the questions i have raised and when she has these she will be in contact.

What do you think my next move should be concerning this whole fiasco,i have recently applied for another job too, should i put dismissed down? will i get a reference? should i put this matter to Employment tribunal or await?

Yours disheartened and frustrated.

hothothot_3

You have resigned which you are entitled to do (in nearly all jobs) whilst going through any misconduct investigation. Not sure what the problem is? You resigned, you got paid whilst suspended, when you go to your next job you don't say dismissed.

-BA-

hothothot wrote: »

You have resigned which you are entitled to do (in nearly all jobs) whilst going through any misconduct investigation. Not sure what the problem is? You resigned, you got paid whilst suspended, when you go to your next job you don't say dismissed.

It has been a long day but I can't see anywhere in the OP's post that he/she resigned?

tizhimi

I was thinking the same thing BA.

hothothot_3

sorry maybe im confused - im reading the bit where it says

the payroll department recieving my termination form on 6th August 2009,informing them that my last working day was 5th June 2009.

Zazen999

What hothothot is saying is that - because there is nothing to say that the OP was dismissed; they only need to say on job applications that they resigned whilst the investigation was proceeding.

ETA: sorry, misunderstood - thought hothothot was being clever. [no offence].....the termination form would have come from the manager not the OP.

OP needs to speak to an employment solicitor.

tizhimi

Yep would strongly recommend you get legal advice (up to an hour) for free and see where you are with that.

hothothot_3

Zazen999 wrote: »

.....the termination form would have come from the manager not the OP.

.

Ive figured it out,

so yes it seems you have been dismissed without the employer going through the grievance procedure correctly meaning you may have been unfairly dismissed and the employment tribunal could be an option here.

First thing I would do is check your handbook to see what the companys grievance procedure is, and check to compare how they have followed through with it (or failed to) as I think the case probably is.

anteater

As your employer doesn't appear to have in any way followed a fair procedure, if you have more than 12 month's service you have the right to make a claim for unfair dismissal to an Employment Tribunal. You can do this yourself but you may want to get some advice (e.g. solicitor, Citizen's Advice Bureau). If your employer hasn't made reasonable attempts to contact you in order to carry out the disciplinary procedure, you'd probably have a very strong case. As you haven't received any notice pay, your employer is also in breach of contract and they'll probably owe you payment in lieu of unused statutory holidays too. I can't see any basis for you owing them any money!

The thing you need to watch is the three month time limit to make a claim to a Tribunal. This would be from the date of your dismissal - which your employer might try to argue was in June. However, as the first you got to hear about the dismissal was in August (when it came as a complete surprise), the clock should have started ticking on 20 Aug. The fact that they paid you in June & July reinorces your argument for 20 Aug. This means that you have until 19 Nov to get a claim to the Tribunal & Tribunals are not normally lenient in extending the time limit, even if you are in the midst of discussions/negotiations wi th your employer.

Your employer might decide to reinstate you and recommence the disciplinary process. However, their recent actions suggest that they have made their minds up about your guilt, so I'm not sure you'd get a fair hearing (they might 'go through the motions' as part of the damage limitation - then try to dismiss you "fairly" for gross misconduct). I'm therefore not entirely sure you'd benefit particularly from reinstatement - unless all charges are dropped & all records regarding the allegations destroyed. Whereas, as things stand, you'd have a pretty strong case for unfair dismissal and wrongful dismissal/breach of contract - if you are prepared to make a claim and go to Tribunal.

Hope this helps.

ohreally

hothothot wrote: »

Ive figured it out,

so yes it seems you have been dismissed without the employer going through the grievance procedure correctly meaning you may have been unfairly dismissed and the employment tribunal could be an option here.

First thing I would do is check your handbook to see what the companys grievance procedure is, and check to compare how they have followed through with it (or failed to) as I think the case probably is.

Why would an employer use the grievance procedure

hothothot_3

ohreally wrote: »

Why would an employer use the grievance procedure

Im going to quit tonight, its been a hard day.replace grievance procedure with dismissal procedure.