employment query

joanne_d_3

Sorry all , forgot to add that i have worked for this employer for 15 years. 14 of these years have unblemished record of service but during the past year my foreman has cause alot of hassle for me.

thanks again

Anihilator

joanne_d wrote: »

it sounds reasonable to you ? Surely before any disciplinary action there has to be an investigation ? The decision to sack me was quite clearly made BEFORE my disciplinary hearing ! Wot happened to innocent until proven guilty lol. Yes i have kept records of EVERYTHING , i have the minuites of the meeting which clearly shows that i was sacked within seconds of entering the meeting , they also back up my claim that i asked to speak but was refused that right. The best thing about this fact is that these meeting minuites were given to me by my former employer so he cant contest them as evidence in a tribunal.

I know without a shadow of a doubt that investigations only began AFTER i was sacked as i also have this in WRITING from my previous employer ,they spoke to other employees regarding what had happened on 12th October , i was sacked on 18TH SEPTEMBER .

tHANKS FOR READING , KEEP THE RESPONSES COMING PLEASE

I am unaware of any legal requirement for them to take evidence from the employee at a discliplinary hearing unless they wish to do so.

Also what evidence do you have no investigation occurred until after you were sacked?

What reason did they give you for sacking you at the time?

The problem is employment law is on the balance of probabilities, furthermore, what you think and hear say is not proof.

joanne_d_3

Anihilator

You didnt seemto notice the part where i have written that my former employee DIDNT begin an investigation until WEEKS AFTER I WAS SACKED. So in reality i was sacked after 15 years on the strength of "hear say".

joanne_d_3

Well ifyou look on te ACAS website it clearly states that the employee should be invited to a meeting and allowed to state their case BEFORE any disciplinary action is under taken

Anihilator

joanne_d wrote: »

Anihilator

You didnt seemto notice the part where i have written that my former employee DIDNT begin an investigation until WEEKS AFTER I WAS SACKED. So in reality i was sacked after 15 years on the strength of "hear say".

Which you can prove I take?

Also the bit about ACAS website - I would suggest some things are undefendable such as theft, assault etc.

Tbh unless you want to give us all the details you arent going to get helpful accurate advice as this differs depending on the exact offences and circumstances.

joanne_d_3

Jazzyman and Lazy Daisy , you both seem to be able to offer useful advice so thanks very much. I know that its hard sometimes when people cant give too much info away and then expect you to be able to offer advice. I really cant put any info surrounding this matter on here , can either of you help via pm or email ? I really need some help

thanks joanne

joanne_d_3

Yes i can prove EXactly when the investigation begun because as part of my appeal process my ex-employer has sent me out written confirmation stating when they begun investigating!!!

Anihilator

In that case what exactly did they dismiss you for? I can't see how they can call you to a discliplinary hearing for something and dismiss you for it without having even investigated.

Please note though I mean investigation of any sort, not just when they interviewed your colleagues.

Just to clarify though. You are saying your employer suspended you, didnt tell you why, called you in, sacked you and at no point told you why or how they knew this? This just doesnt sound believable.

zzzLazyDaisy

Joanne, please don't respond to this person, he clearly knows nothing about employment law and is just trying to goad you. Some people are like that, unfortunately.

Okay, in reply to your own question, yes, provided the tribunal accept your version of events, they will make a decision of unfair dismissal on procedural grounds. The landmark case is BHS -v- Burchell.

The question then will be, what was the reason for the dismissal, and would the outcome have been the same if a fair procedure had been carried out - in some exceptional cases where the employee has clearly contributed to their dismissal - say for example theft or assault with witnesses, the employee may get a ruling of unfair dismissal on procedural grounds, but with vastly reduced compensation, or even no compensation at all.

In most cases, the tribunal will say that it is impossible to say what the decision would have been at the time, and order full compensation.

Where you have an employee with 15 years service and especially if that employee has a clean disciplinary record, the employer is under an even higher duty to ensure fairness in the decision making process.

I suggest that you give ACAS a ring. They will give you free impartial information about making a tribunal claim on your own particular facts.

joanne_d_3

No i DIDNT say they they suspended me without telling me why. I stated that i KNOW why they suspended me and that i also KNOW that what they are accusing me off i DID NOT DO . they are simply taking the word of someone else as gospel.