Sacked on the spot after 4 years

SarEl

dandelionclock30 wrote: »

To the OP if I were you I would go to see an employment solicitor yourself because your employer can be taken to an Employment Tribunal for unfair dismissal for failing to follow the ACAS guidelines.
They are leaving themselves wide open and you could get a very big payout. I remember when Ed Balls fired Sharon Shoesmith over the baby P affair.They didnt have a hearing etc and just told her to get out.She got a massive payout of about £200K if I remember correctly.
Dont rely on this forum for advise, please just go and sort out proper legal representation for yourself.

I would certainly have to agree that you shouldn't depends on this forum for advice. The requirement to follow statutory guidance and the ability to make a claim on this basis was repealed in 2009. Sharon Shoesmiths win was actually litigated in the civil courts and not the employment tribunal. And in any court there is no prospect of a compensation award in this region for the OP - the circumstances of the two cases and the two individuals are totally different.

@ jadematic. If you have not sent the letter already, you need to change it. You have stated that you do not fully agree with the allegations. This implies that you partly agree with them. Are you really admitting that the employer has a case?

And with that I am out.

Sambucus_Nigra

dandelionclock30 wrote: »

To the OP if I were you I would go to see an employment solicitor yourself because your employer can be taken to an Employment Tribunal for unfair dismissal for failing to follow the ACAS guidelines.
They are leaving themselves wide open and you could get a very big payout. I remember when Ed Balls fired Sharon Shoesmith over the baby P affair.They didnt have a hearing etc and just told her to get out.She got a massive payout of about £200K if I remember correctly.
Dont rely on this forum for advise, please just go and sort out proper legal representation for yourself.

And this is exactly why we need people who tell it like it is! Advice like this will just end up with the OP getting all excited about a huge payout which is never going to happen whilst at the same time, admitting that the employer was right [not fully agreeing with the allegation].

Doh!

jadematic

no they are not right and all they have is assumptions based on finding a company registered under my name and a draft document with a business concept.

I have not sent the letter yet but i am most likely being to polite as normal I am starting to learn that being nice does not get you far I will change the working and just say I do not agree with the gross misconduct.

prowla

My opinion is that the employer should have stopped the OP working and having access to company facilities and information, the moment they thought that their suspicions had any foundation.

However, I've no idea what the employment aspects are, whether termination was correct, handled correctly, and so-on.

Of course, if the employer had genuine evidence, then straightforward termination may have been the softest option - I would imagine that another option to them would have been to take legal proceedings.

So, my suggestion (IANAL, etc.) would be to consider that possibility too.

Acc72

dandelionclock30 wrote: »

Dont rely on this forum for advise, please just go and sort out proper legal representation for yourself.

So your advice is to not take your advice ?

I agree with you, I would not take advice from anybody who could not spell advice.

cte1111

jadematic wrote: »

I would like to take the opportunity in writing to action the formal grievance procedure, as I was not given the opportunity to follow the companies’ grievance procedure or ACAS processes.

I think it should be company's rather than companies', as the procedure belongs to just one company.

Good luck, hope you get the outcome you want. I can see your boss' point of view in terms of setting up a rival company and using their resources to potentially contact people, however they should have followed the correct procedure for dismissal.

jadematic

Thought I would update on this as still no word after sending my letter. I have proof of the having this but nothing from them for all I know i could still be employed other than verbal sacking there is no confirmation.

I haven't even got my p45

bubblegum1985

How long has it been since you sent the letter?

I would allow 28 days for a reply as they may be seeking legal advice.

zzzLazyDaisy

I suggest that you send a letter along these lines, if you have not already done so. It is worded in this way to make it clear that you were not given the opportunity to state your case, and that you do not believe that there is anything to be gained in asking to appeal the decision (which is pointless from your point of view, as it will only give him an opportunity to correct the procedural defects). With luck it will at least flush the employer out enough to at least confirm the decision in writing, and who knows, maybe they will even answer some of the points you make. Oh, and I have deliberately drafted the letter fairly informally, staying away from too much legalese, so as to keep the employer fairly off guard, for the moment, if possible.

Dx

Dear [name]

I refer to our conversation on [date] when you told me that I was dismissed with immediate effect. I am disappointed that my employment ended in this way, as I feel sure that if you had given me the opportunity to explain, you would have reached a different conclusion. However, since you made it clear that you were not willing to listen to me, it seems that there is nothing to be gained in pursuing this further with you.

In the circumstances I am should be grateful if you would forward a cheque for my notice pay, together with my P45 without further delay, failing which I will seek legal advice on this matter. I trust this will not be necessary and look forward to hearing from you shortly.

Yours sincerely

SueC_2

Sambucus_Nigra wrote: »

The actual problem is that people are pretending to be solicitors/legal professionals and when they get pulled up on misinformation they go on an offensive. And the MSE people don't know enough about employment law to know who is right and who is wrong and thus, just react with no background or indeed research into the actual issue.

MSE through SarEl and others provides an incredible service to those that can't afford their own employment lawyers. And MSE should hang their heads in shame at warning off SarEl. And issue an official apology.

Meanwhile they should monitor and ban IP addresses of those purporting to be in the legal profession but who are caught out time and again giving BAD ADVICE. Because on this board, bad advice doesn't mean food going off quicker or a deal being missed, it can mean the end of careers.

And livelihoods.

Shame on MSE and a word to everyone to keep their wits about them when someone calling themselves 'solicitors' is on here spouting nonsense.

But in fairness, how can MSE (or any of us for that matter) be expected to know that SarEl et al are genuinely qualified and others are not?

And even if it were possible to check credentials, it is perfectly possible for qualified folk to offer bad advice, and unqualified folk to offer good advice.

And in any case, who is sitting in judgement as to what advice qualifies as 'good' and 'bad'?

Beyond basic facts, little in the law is purely black and white. If it were, there would be no need for a legal system where a legal team argues each side of the case, a judge and/or jury makes a decision, and there are several possible levels of appeal.