Sacked on the spot after 4 years

jadematic

Hi all I have posted a couple of times over the last couple of months however everything has come to an end today.

I arrived back to work after Christmas as agreed, however the owner decided that instead of me continuing he would sack me for gross misconduct.

I was not allowed to put my case over nor was anyone present. The reason is simply because I set a ltd company up and he believes there was intent to take business and that he had a copy of a draft mail I wrote about the company other than this there is no evidence of it trading.

No grievance process was done and as far as I am aware they will not pay my 2 months notice.

I wanted to see if people feel it is worth the time and effort to claim for wrongful / unfair dismissal.

As far as I am aware it may be miss conduct but not gross misconduct. I had never had a warning ever in 4 years. And don't feel it was fair that they never allowed me to know the full detail for the gross misconduct allowing me to put my case forward.

Any thoughts welcome.

Happy New Years :-)

coinxoperated

I'm rubbish with employment laws surrounding gross misconduct, BUT, is your ex-boss someone who would make sure he did things right? Or is he known to be a bit dodgy?

Someone hot headed will make rash decisions without considering the implications. Someone who's waited for an opportunity may have considered every legal edge.

I'm sure someone with more knowledge will come along soon. I've read a few of your last posts... Go self-employed. Your half way there! And the guy you worked for sounds like an idiot anyway!

bubblegum1985

I would write a letter sent via recorded delivery so you have proof it was received and set out why you think it was unfair and what you want ie your 2 months notice pay. Make sure you end it with something like I would like a reply within 4 weeks and then if you hear nothing then go for unfair dismissal. Or if the reply isn't satisfactory.

I would also make sure you ask for the precise reasons in writing so you know and before going down formal route you have evidence to refute every point he has.

flashnazia

jadematic wrote: »

Hi all I have posted a couple of times over the last couple of months however everything has come to an end today.

I arrived back to work after Christmas as agreed, however the owner decided that instead of me continuing he would sack me for gross misconduct.

Iwas not allowed to put my case over nor was anyone present. The reason is simply because I set a ltd company up and he believes there was intent to take business and that he had a copy of a draft mail I wrote about the company other than this there is no evidence of it trading.

No grievance process was done and as far as I am aware they will not pay my 2 months notice.

I wanted to see if people feel it is worth the time and effort to claim for wrongful / unfair dismissal.

As far as I am aware it may be miss conduct but not gross misconduct. I had never had a warning ever in 4 years. And don't feel it was fair that they never allowed me to know the full detail for the gross misconduct allowing me to put my case forward.

Any thoughts welcome.

Happy New Years :-)

See the bold bit. Is there a any truth in his 'belief'?

You are entitled to written reasons for dismissal. You should ask for this.

Other than that we cannot tell you if 'it's worth the time and effort to claim...' because there isn't enough information.

Yes your employer should have followed the Acas Code of Practice by inviting you for a meeting detailing the allegations etc (NOT grievance as you said earlier - this is a procedure for employees to use when aggrieved and not for employers to use for disciplinary) but this won't render any dismissal automatically unfair.

If there is a good reason to believe you were soliciting business away then the employer will argue you broke the contract therefore no notice is payable.

What type of business is it?

Have you been having any other problems with your employer before this?

Sambucus_Nigra

I've PM-ed you with details of a forum that can help you.

missile

If my employer found out I had set up a ltd company to trade in competition with him and had a copy of a draft mail (presumably compiled on company computer?), then I would expect to be dismissed.

He stated that I had stolen company information and the database and had proof of this. I had taken files over the years

Your employer would appear to have sufficient evidence of gross misconduct.

I would suggest you put into practice your back up plan and start trading as your own ltd company.

Sambucus_Nigra

missile wrote: »

If my employer found out I had set up a ltd company to trade in competition with him and had a copy of a draft mail (presumably compiled on company computer?), then I would expect to be dismissed.

Even so - a procedure would need to be followed.

patman99

So you set up a Ltd company and your boss found out ?.

He decided without evidence that you were about to pinch his customers.

Did he at any time ask what kind of business you were planning to run ?, no ?, then how did he come to the conclusion it was in the same sector ?.

I have a feeling he will be on a hiding to nothing if you get all legal on him. After all, you might have been setting up a Ltd company to trade online in 2nd-hand books, CDs and clothing, but he never bothered to find out.

In your shoes I would be after him for not only earnings I am due, but earnings I could have made by staying at the company.

jadematic

flashnazia wrote: »

See the bold bit. Is there a any truth in his 'belief'?

You are entitled to written reasons for dismissal. You should ask for this.

Other than that we cannot tell you if 'it's worth the time and effort to claim...' because there isn't enough information.

Yes your employer should have followed the Acas Code of Practice by inviting you for a meeting detailing the allegations etc (NOT grievance as you said earlier - this is a procedure for employees to use when aggrieved and not for employers to use for disciplinary) but this won't render any dismissal automatically unfair.

If there is a good reason to believe you were soliciting business away then the employer will argue you broke the contract therefore no notice is payable.

What type of business is it?

Have you been having any other problems with your employer before this?

As it stands all he has is a mail that was not actually sent and was saved in a deleted folder the Person it was written to was never a customer of the company.

The draft was from way back around the middle of the year then nothing. He then checked companies house and found the ltd company and test framework site and assumed I had be doing stuff for months behind his back.

I can show this is not the case and that no business was ever done and all the way up to the end of the year I was doing deals for his company and making him money.

And as I stated I set it up to cover myself as I felt after he unofficialy demoted me and I was not manger I assumed I he was trying to get rid of me.

VfM4meplse

I'm sure SarEl will be along tomorrow to pick this apart.

OP - stay available and expect to answer some incisive qs.

Takeaway_Addict

https://forums.moneysavingexpert.com/discussion/4366627

The OP's other thread they started with more information on it