Dismissed - Gross Misconduct - Unauthorised Absence

Jakg

Uncertain wrote: »

And your medical qualifications are?

None. But the GP has more than anyone else in the thread and look what they decided... Good enough for me.

OFTBC

Right just a quick update. Following the appeal hearing that was adjourned until April 9th unfortunately I was remanded in custody and had to postpone that hearing. Following my court appearance I was then released from custody. Since this I had tried to contact the company many times to no avail. Last Friday I had a phone call from my regional union officer where he informed me they wanted to reach a compromise agreement with me which totalled four weeks pay. My main object of the appeal process was to get my job back for which they looked all set to do until I was remanded in custody but since they have changed their tune on it saying they believe I need a fresh start and that I would potentially be trouble if I returned.

They are now very reluctant to reconvene the appeal hearing despite numerous requests from myself to do so.

As my Regional officer is on holiday for a month I emailed them direct to say I was not in a position to accept that offer as I knew very little about it. Yesterday I was invited in to my former work for an informal chat with a person from HR. I went in and she spoke about it wasn't that they didn't want me back they just think I need a fresh start and would instead give me 6 weeks pay to help me out.

I explained that since my dismissal I have been in serious financial trouble which includes my car finance company is demanding 7k as I have fallen behind on payments and numerous bank charges and I now face a CCJ from my bank so I said 6 weeks pay wouldn't help me at all as in a few months I would be back where I started unless I find alternative employment which looks unlikely.

She asked me a figure I was comfortable and I suggest around the 4k mark. She said she was unwilling to go above 2k as anything above this would mean it would be taxed. I agreed in principle to this as I believed what she was saying.

Since yesterday I have done some research and if I won a tribunal claim I would be looking at 9k. Also the tax stuff she told me also seems to be a load of crap so I'm now not sure what to do.

I'm due to pick up the papers tomorrow and then see a solicitor paid for by them early next week.

For me money was never the object as getting my job back was the aim, They said I could still pursue the appeal process but they were keen not to due to the cost it would be to them due to staff shortages which means they would have to draft people in from other sites to hold a hearing. So they are offering me this money to end the process and to cancel my claim that is in at the tribunal.

Currently I am receiving JSA and would like to know would any such payments affect that?

Any advice on what I should do would be much welcomed.

Thanks

dmg24

I have not read the whole thread so please clarify ...

Why were you in custody?

Where do you get the £9K figure from?

How much would one months salary equate to?

Are you fit to work at present/ claiming JSA?

Strider590

I had similar situation in 2005 with my employer at the time...... Bunch of !!!!!!.

OFTBC

dmg24 wrote: »

I have not read the whole thread so please clarify ...

Why were you in custody?

Where do you get the £9K figure from?

How much would one months salary equate to?

Are you fit to work at present/ claiming JSA?

The reason I was in custody had nothing to do with my former employers.

I got the figure from an online calculator. Unsure how valid it is tho so that's why i'm looking for advice.

http://www.winstonsolicitors.co.uk/unfair_dismissal_calculator.htm

A months salary was around 1200 which included shift premiums.

Yes i'm fit for work and currently claiming JSA.

dmg24

If you have been charged with a criminal offence it could well have something to do with your previous employer! If you wish to be reinstated, there is nothing to stop them then dismissing you as a result of your criminal record (depending on what the conviction is for).

I would not use an online calculator to estimate what you may get at Tribunal. Have you actually seen a solicitor regarding your complaint?

DVardysShadow

dmg24 wrote: »

If you have been charged with a criminal offence it could well have something to do with your previous employer! If you wish to be reinstated, there is nothing to stop them then dismissing you as a result of your criminal record (depending on what the conviction is for).

I would not use an online calculator to estimate what you may get at Tribunal. Have you actually seen a solicitor regarding your complaint?

I think it is a bit of a presumption to jump from 'remanded in custody' to 'criminal record' and 'conviction'

Rockporkchop

viktory wrote: »

I don't have any and I don't need any as I am not diagnosing the OP. I am giving my opinion - that is I do not believe the OP was genuinely depressed and it is interesting to note that the OP's GP (who I am assuming is fully qualified) also refused to give the OP more time off work. So he simply didn't go back at all.

Couldn't agree more. I have read the OP's old threads about turning up to work drunk at 3.00 in the morning as he fancied a coffee, refusing to perform work tasks required of him just because he couldn't be bothered, and trying to get away with both things on another technicality, so have absolutely no sympathy for him. OP - take the £2k, look for another job and just grow up.

RedSoleShoes

I have just read most of the posts and I am quite shocked at how many people dismiss the OPs depression. Whether this is genuine depression or not, I don't think the claims that OP is just unhappy and not actually depressed are really relevant. Why don't you assume the he/she is telling the truth rather than provoking them into further unhappiness and depression with your comments. This OP seems articulate and genuine, unlike some other tw4ts on here.

dmg24

DVardysShadow wrote: »

I think it is a bit of a presumption to jump from 'remanded in custody' to 'criminal record' and 'conviction'

Had you bothered to read my posts properly, you would see that I did not state the OP had been conviction. I asked for more information, which was not given, and then suggested that if they had a criminal conviction this may impact on their employment status.

It is not me who is making presumptions!