dissmissed but othered lesser possition

garyggg

I was dismissed in january for standing in the door way of the shop i worrk in, smoking , whilst a few customers where in the shop. It has took ages to get to an appeal which I had last week.

They said reason for my dismissal is that i already had a live warning for failure to secure company money. And as a result of this the company has lost confidence in me.

I have already submitted an employment tribunal, and my employer has missed there deadline to respond. As a result of my appeal they have said that my dissmissal is upheld but does to mitigating circumstances and my length of service, they will offer me a cashier possition rather then my branch manager possition. They will also pay me for all the time I have been off but only at cashier wages.

But the final line of my letter says this is all condictional of me withdrawing my Employment Tribunal.

paulwf

Hi Gary, welcome to the board.

Did you have a question or did you just want to vent?

Storck

I'm guessing he wants to know if what they have done is allowed?

Personally it looks like they are trying to get around a visit to a tribunal.

Weirdlittleman

What exactly are the grounds for your ET?
As a branch manager you should be setting an example not leaving cash insecure and setting a bad example to your staff about company procedures. I wouldnt want a branch manager who couldnt be trusted to do such fundamental stuff.

jimbms

For my oppinion I would say standing smoking in a doorway where customers are entering is gross misconduct and as such liable for instand dismissal, also you state you failed to secure cash, that in itself is I would class conduct not appropriate for a branch manager. Have you for one minute considered that the company may ignoring these two facts, consider that you are actualy a very good employee where customer service is considered and as such think you are worth keeping on although at a lesser possition. This may be one reason they have offered you this, I do not think for one minute if what you say is true that they would lose the case, but in winning it may cost them money and incovenience them in time. If I was in your possition I would seriously consider thier offer as it is easier to look for and get another job without having a dismissal showing up when your last employer is asked for a reference.

DVardysShadow

garyggg wrote: »

I was dismissed in january for standing in the door way of the shop i worrk in, smoking , whilst a few customers where in the shop. ... they have said that my dissmissal is upheld but does to mitigating circumstances and my length of service, they will offer me a cashier possition rather then my branch manager possition. They will also pay me for all the time I have been off but only at cashier wages.

But the final line of my letter says this is all condictional of me withdrawing my Employment Tribunal.

It looks like a very good offer - even cashier wages over the time you have been off is probably better than the average ET award - and I think you case is far from a dead cert.

jimbms

I must add after re reading your post, that as branch manager I hope you did not have to submit written reports.

Storck

Surely if they have missed the deadline to reply to the tribunal they may not be able to respond and therefore may lose by default.