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Is this a case of unfair dismissal?

Like my colleagues, I have made the odd mistake at work. I have been put through the disciplinary procedure, unlike my colleagues. Copious evidence that my mistakes are normal is easily available as there is a lot of people doing the same job but when I've tried to use this evidence, it has been ignored. I'm speeding towards being dismissed. The person who started the action tried to fire me two years ago but was stopped by the personnel dept so I suspect she wants to feel vindicated about the last time. I don't enjoy my job anymore but is there a case for an unfair dismissal claim?
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Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Cant see you have any grounds to be honest. You freely admit to making mistakes.

    Just look for another job or stop making mistakes, concentrate on yourself, not others.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • wehalf
    wehalf Posts: 18 Forumite
    I'm not sure if that was a knee-jerk response or if it's based on HR knowledge.

    That would suggest that if an employer wanted to get rid of someone, all they would need to do is find a few petty things they had done wrong and ignore others' mistakes. Surely getting rid of staff isn't that easy.
  • wehalf wrote: »
    I'm not sure if that was a knee-jerk response or if it's based on HR knowledge.

    That would suggest that if an employer wanted to get rid of someone, all they would need to do is find a few petty things they had done wrong and ignore others' mistakes. Surely getting rid of staff isn't that easy.

    Its not that easy but it can be done, unless you are discriminated against in a protected characteristic (i.e sex, gender, race) then as long as they can prove that they followed the correct procedure for you then what they do to other members of staff is irrelevant.

    Though I would hasten to add, do your proper checks yourself incase we are wrong or you have something we don't know about etc rather than relying on a forum.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    they started action to fire you two years ago - however they have grown tired of "odd mistakes" from you, what other employees do is of no concern to you, you have made mistakes which the employer is no longer willing to tolerate! (you don't mention what these mistakes are I see, merely that "everyone else does it" which is no defense!)

    I would say you don't have much of a case, but thankfully for you I'm not a lawyer - but after 2 years of this it's not really a knee-jerk reaction and I'd suggest if the mistakes lose money for your employer, they'll justify your dismissal rather easily!
    Retired member - fed up with the general tone of the place.
  • miduck
    miduck Posts: 1,800 Forumite
    Difficult to give advice without more context, but in general, if you repeatedly make (the same?) mistakes then you will progress through the capability/ disciplinary procedure until you are dismissed. Have you asked for further training, do you understand what you have done wrong?
  • wehalf
    wehalf Posts: 18 Forumite
    Thanks for that. I've done quite a lot of research and a relative is an experienced HR professional who says I have a good case. You can never have too much advice.

    (The knee-jerk "Nah, you haven't got a chance" responders aren't very helpful though)
  • SarEl
    SarEl Posts: 5,683 Forumite
    wehalf wrote: »
    Thanks for that. I've done quite a lot of research and a relative is an experienced HR professional who says I have a good case. You can never have too much advice.

    (The knee-jerk "Nah, you haven't got a chance" responders aren't very helpful though)

    I love advice from HR - it generally makes me a lot of money.

    You have made the mistakes, yes? You have been disciplined for making those mistakes, yes? That's a pretty rock solid case of fair dismissal and actually, yes it is that easy, as most employers know. And that isn't a knee jerk - that's a legal opinion, not an HR opinion. If HR got things that right, there wouldn't be any money for lawyers to make.

    On this amount of detail it is impossible to be 100% certain, but what other people do or don't do isn't relevant to a case unless you can absolutely and utterly prove it - saying it isn't enough. So you will need witnesses who will support this version of events - and I cannot see a queue of your colleagues willing to do that because the first thing that will happen is that they will be facing disciplinaries for the same mistakes. So I would say that you are 99.9% on the road to a fair dismissal.
  • miduck
    miduck Posts: 1,800 Forumite
    wehalf wrote: »
    Thanks for that. I've done quite a lot of research and a relative is an experienced HR professional who says I have a good case. You can never have too much advice.

    (The knee-jerk "Nah, you haven't got a chance" responders aren't very helpful though)

    So are you going to give us any more information?
  • wehalf wrote: »
    Thanks for that. I've done quite a lot of research and a relative is an experienced HR professional who says I have a good case. You can never have too much advice.

    (The knee-jerk "Nah, you haven't got a chance" responders aren't very helpful though)

    If it comes to it then check your house insurance as this may cover you for help in going to a tribunal
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • wehalf
    wehalf Posts: 18 Forumite
    There was an IT problem two years ago over which they tried to fire me because they thought I was causing the problem.
    There was no disciplinary action since then.
    The mistakes in question are things like misplaced commas but not repeated errors.
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