Help!!!! unfairly dismissed

Kbubbles

Thank you all so much I will commence gathering evidence for myself and present this and see what happens hopefully. Can get enough people to do this. Thank you all so much x

SarEl

Uncertain wrote: »

KBubbles......

I suggest your read post No 28 very carefully and do exactly what SarEl suggest.

As you are new here you won't know but SarEl is a highly experienced barrister specialising in employment law.

It occurs to me that I need to write another FAQ for my other forum! It is astonishing how many people think that a "fair and objective hearing" means that the employer must ferret out evidence for both sides!

For anyone not clear - "fair and objective" meaning that the disciplinary panel must hear the evidence and arguments presented by both sides without pre-judging the outcome. The best way to understand their role is to compare it to that of a judge. You do not expect the judge to conduct the defence. There is a prosecution (the investigating officer), and defence (you and/or your trades union), and a judge (the disciplinary panel). If the defence is not presented, then that is the employees problem, not the panels or the investigating officers.

Caroline_a

As an aside I have to say how good it is to see SarEl posting on here again :T

tygr

Caroline_a wrote: »

As an aside I have to say how good it is to see SarEl posting on here again :T

I agree :j

SarEl

Thank you but I ought to say that zzzLazyDaisy seems to have been doing a sterling job on here!

Kbubbles

SarEl wrote: »

It occurs to me that I need to write another FAQ for my other forum! It is astonishing how many people think that a "fair and objective hearing" means that the employer must ferret out evidence for both sides!

For anyone not clear - "fair and objective" meaning that the disciplinary panel must hear the evidence and arguments presented by both sides without pre-judging the outcome. The best way to understand their role is to compare it to that of a judge. You do not expect the judge to conduct the defence. There is a prosecution (the investigating officer), and defence (you and/or your trades union), and a judge (the disciplinary panel). If the defence is not presented, then that is the employees problem, not the panels or the investigating officers.

Thank you, I was told I wasn't allowed to speak to any of my colleagues regarding this matter so it wold have been impossible for me to defend myself up until this point however I didn't know that I had too. thank you again!

SarEl

Kbubbles wrote: »

Thank you, I was told I wasn't allowed to speak to any of my colleagues regarding this matter so it wold have been impossible for me to defend myself up until this point however I didn't know that I had too. thank you again!

There is a difference in law. You aren't allowed to talk - as in chat to them. You are allowed to speak to them to gather your defence, but you must ask for the employers permission and you may have to abide by conditions (like a witness). Having siad that, most current employees are unlikely to be wanting to be in the firing line - and they are allowed to refuse. It depnds on whether they have soething that would really clear you - then they might come forward.

keyser666

Working in IT and working with MDM I can confirm that you would be able to get the data from one of two sources. In each case you will need to get the IT Department to look via the appleID. There will either be a cloud backup which they would have to restore or a machine that has a backup on.

Did you ever sync the device with a laptop or a work machine?

closed

A photo of what?

Whether you took it or not, did you circulate it?

iphone photo's have the gps location date and time encoded in them

iphone going through the wash at a convenient time doesn't help your case - is it really broken with no data readable?

Uncertain

SarEl wrote: »

There is a difference in law. You aren't allowed to talk - as in chat to them. You are allowed to speak to them to gather your defence, but you must ask for the employers permission and you may have to abide by conditions (like a witness). Having siad that, most current employees are unlikely to be wanting to be in the firing line - and they are allowed to refuse. It depnds on whether they have soething that would really clear you - then they might come forward.

Just to clarify, that was whilst you were still employed prior to the disciplinary hearing. Currently you are not an employee so they cannot restrict who you contact now.