Help!!!! unfairly dismissed

lulu650

Is there anything in writing that the work phone can also be used as a personal phone, particularly anything regarding taking photos? You need to check this in order not to get tripped up at the appeal

Did the phone have to be sent back damaged in order to claim on the insurance?

In the absence of any other supporting evidence, I would say that the basis of your appeal needs to be; that the phone itself can prove that you didn't take the offending photo and that your employer hasn't checked it to prove that it had. This is very important and how they answer this will be written down and provided as paperwork for an ET.

Again, how long have you worked there? You could also show that you are a valued and trusted employee with x years of good work from you.

If you haven't worked there long enough you wouldn't be able to go forward to an ET

Kbubbles

missindecisive wrote: »

are you in the works union?

I joined when all this started so I'm under the impression they can't help me

Uncertain

Kbubbles wrote: »

I joined when all this started so I'm under the impression they can't help me

They probably won't represent you but may still provide some advice.

I repeat the question others have asked.....

How long have you worked for this firm? This is important.

lulu650

If you joined the firm prior to April 2012 then you need to have been working there for at least one year up to date of dismissal to be entitled to go to an Employment Tribunal

Law changed in April and it is now two years employment. So if you joined after April then you are not entitled to go to an ET.

Unions don't represent nor give advice for any disciplinary you are involved in when joining. This is a pre-existing case and you would have been told this when you applied for membership.

jj_5

Surely your employer can prove you've sent it.

If I send an email via Iphone my name comes up as the sender. If I send a text my name comes up as the sender.

Tell them to show you the phone with the message sent, if you haven't done it they cant show you it.. Problem solved?

lulu650

The sticking point is that the phone went through the wash before the disciplinary and is now damaged. Employer seems to be relying on statements rather than hard evidence but they may be thinking that the OP damaged the phone on purpose in order to avoid being disciplined.

If the OP can't go to an ET then, I would have thought, the dismissal stays.

Kbubbles

Started working there on 2010 so I think I'm okay on the new laws, that's my point there is no evidence only statements from people who have. Personal reason to discredit me. Surely a decision cannot be made purely on this?

Evilm

Do you send any picture messages via that phone? If its possible to get a copy of the bill (or ask for one to be provided to you by work) then it should show if you've been sending picture messages to people.

If you don't send any there won't be any on there and therefore it suggests its not you sending it round.

Kbubbles

Oh an its classed as gross. Is conduct because I'm alleged to have sent this onto somebody at. Competitor but here is no proof that I or anybody has sent this to a competitor, this comes from the manager who's personal details were taken.

Thank you all again

Uncertain

Just to recap....

OP could take this to an ET as she has worked there long enough. Despite her comments about the industry / grape vine she may well have to at least start this process in order to force some kind of settlement and reference.

Employer does not need proof to dismiss fairly in law. All they need is to conduct an investigation and hold a reasonable belief. Dismissals have been held to be fair even when evidence later emerges that completely clears the person. All that matter is whether the belief was reasonable at the time.

It is important that the OP puts all the evidence she can amass to the appeal.

The union MAY still provide some advice or help particularly if they feel the issue has wider implications. There is no harm in asking.