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Is this a valid dismissal reason
ubdai
Posts: 77 Forumite
Have been at present (last company) since 2002.
The lead up to my dismissal (yet to receive an official letter saying this ) is as follows.
Had a written warning off of one of the assoc.dir1. saying that the reason being was that I refused to do some drawing work for one of the other assoc. dir2. who is my line manager. I didn't agree with this ( i just said I could not do his work at that immediate time), but in this company you soon learn not to argue with assoc.dir1. as its just not worth it in the end. This complaint was then tied into assoc.dir1 complaint that the drawings he wanted for checking for release to the client were not ready and data was missing from them (even though he had received some of them and was in the office for an insufficient time to check them).
Part 2 of this letter was that the filenames of the drawings did not tie in with what was on the drawing frame, and this needed to change with immediate effect.
Three months go by.
All CAD staff were called into a meeting before Xmas where we were told that if work standards did not improved and we (the company) lost our place on the clients approved list, then people would be kicked out ( and I am not para phrasing what was said). The other option offered was that we took our P45 there and then.
I was then called into a meeting on the Friday just gone (at 5PM) where there was the assoc.dir1,assoc.dir2 and the company mech. eng.
It was here that I was informed that I was being dismissed with immediate effect (there and then) because they were still not happy with the filenaming (even though they are the persons that sign off the drawings (for QA purposes) before they are uploaded (by themselves) to the online storage system that the client uses). Client supposedly checks these filenames against the title on the drawing and a penalty is financial incurred if incorrect - how much this is I don't know.
According to our company contract, dismissal without notice can only be done with the knowledge of a company director. This being our finance director (who is the daughter of the owner). This being after a verbal warning, written warning, final written warning and finally dismissal.
I do have right to appeal within 2 working days of the decision, but like previously said. Its not worth the effort as what ever is said is turned around by assoc.dir1 and shot back at you. Its not worth arguing as the assoc.dir1 is always correct AND i mean always.
Therefore my questions are.
Do you think what has been done by both sides is fair.
Do I bother to appeal
Do I try and go for an employment bureau claim or will this jeapordize my chances of receiving a job reference from them in the future.
Is it legal for them not to pay the full rate for any accrued leave not taken (will only receive £1)
How does the way I left this employment affect my claim for benefits.
One final thing, if the assoc.dir who signed my initial contract has left the company. Does this affect the validity of the employment contract.
(like when a credit card changes the t&c on the card they send out new conditions of credit)
The lead up to my dismissal (yet to receive an official letter saying this ) is as follows.
Had a written warning off of one of the assoc.dir1. saying that the reason being was that I refused to do some drawing work for one of the other assoc. dir2. who is my line manager. I didn't agree with this ( i just said I could not do his work at that immediate time), but in this company you soon learn not to argue with assoc.dir1. as its just not worth it in the end. This complaint was then tied into assoc.dir1 complaint that the drawings he wanted for checking for release to the client were not ready and data was missing from them (even though he had received some of them and was in the office for an insufficient time to check them).
Part 2 of this letter was that the filenames of the drawings did not tie in with what was on the drawing frame, and this needed to change with immediate effect.
Three months go by.
All CAD staff were called into a meeting before Xmas where we were told that if work standards did not improved and we (the company) lost our place on the clients approved list, then people would be kicked out ( and I am not para phrasing what was said). The other option offered was that we took our P45 there and then.
I was then called into a meeting on the Friday just gone (at 5PM) where there was the assoc.dir1,assoc.dir2 and the company mech. eng.
It was here that I was informed that I was being dismissed with immediate effect (there and then) because they were still not happy with the filenaming (even though they are the persons that sign off the drawings (for QA purposes) before they are uploaded (by themselves) to the online storage system that the client uses). Client supposedly checks these filenames against the title on the drawing and a penalty is financial incurred if incorrect - how much this is I don't know.
According to our company contract, dismissal without notice can only be done with the knowledge of a company director. This being our finance director (who is the daughter of the owner). This being after a verbal warning, written warning, final written warning and finally dismissal.
I do have right to appeal within 2 working days of the decision, but like previously said. Its not worth the effort as what ever is said is turned around by assoc.dir1 and shot back at you. Its not worth arguing as the assoc.dir1 is always correct AND i mean always.
Therefore my questions are.
Do you think what has been done by both sides is fair.
Do I bother to appeal
Do I try and go for an employment bureau claim or will this jeapordize my chances of receiving a job reference from them in the future.
Is it legal for them not to pay the full rate for any accrued leave not taken (will only receive £1)
How does the way I left this employment affect my claim for benefits.
One final thing, if the assoc.dir who signed my initial contract has left the company. Does this affect the validity of the employment contract.
(like when a credit card changes the t&c on the card they send out new conditions of credit)
0
Comments
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I do have right to appeal within 2 working days of the decision, but like previously said. Its not worth the effort as what ever is said is turned around by assoc.dir1 and shot back at you. Its not worth arguing as the assoc.dir1 is always correct AND i mean always
Don't use this as a reason not to appeal. If you don't appeal because of this and DO decide to go further with this it will look bad and potentially effect your case.
As for the signature on your contract that shouldn't matter and I don't get your comparison to the T&C credit card changes at all. Have they issued a amendment to your contract to you? Are they claiming its not valid because X isn't there any more?0 -
Don't use this as a reason not to appeal. If you don't appeal because of this and DO decide to go further with this it will look bad and potentially effect your case.
As for the signature on your contract that shouldn't matter and I don't get your comparison to the T&C credit card changes at all. Have they issued a amendment to your contract to you? Are they claiming its not valid because X isn't there any more?
Thanks for the reply.
What would be a valid reason to appeal.
ubdai0 -
If the company have not followed the correct procedures then you can appeal. That said, I do think your post is stuffed full of 'it's not my fault'. Might be worth taking a long, hard look at how YOU are performing at work.0
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Apparently. I think that the real problem is that OP is too honest and if something does not fit in with existing commitments, he says so rather than make an unsustainable promise or a promise at the expense of an existing commitment. I would say that it is an unsupportive environment which runs on the basis of who shouts loudest.That said, I do think your post is stuffed full of 'it's not my fault'.You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0 -
Wheres the best place for me to get some advice to see if I have a valid claim. CAB or a free :eek:solicitor that advertises on the web.
From what I can find on the web they did follow ACAS guidelines on procedures for a dismissal.
tia
ubdai0 -
http://www.redundancyforum.co.uk/
You could try asking on here as well. Dont be put off by the redundancy title. They do offer general advice as well. SarEl is a retired employment barrister and she's brilliant. You might not always like what she has to say but she knows her stuff and she won't give you bad advice.0 -
Also check your home insurance policy - you may have legal expenses cover which usually covers employment disputes.0
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http://www.redundancyforum.co.uk/
You could try asking on here as well. Dont be put off by the redundancy title. They do offer general advice as well. SarEl is a retired employment barrister and she's brilliant. You might not always like what she has to say but she knows her stuff and she won't give you bad advice.
Thanks for the link. Have posted a thread and wait her reply.
ubdai0 -
Is it too late to join a union?0
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