Unfair Dismissal?

Undervalued

tycroestart wrote: »

these are basic employment rights that everyone has from 1 month after the start of employment so the above statment was true

Yes but in simply copying and pasting from ACAS etc you are missing the point!

Given that there is no protection from unfair dismissal in the first two years (except certain discrimination etc) there is no effective remedy if the firm fails to follow the ACAS GUIDELINES. Note that these are now simply GUIDELINES, statutory procedures were abolished some time ago.

If the firm has a contractual disciplinary process (which is unusual) then a failure to follow it would amount to WRONGFUL dismissal. In that case an employment tribunal claim could be made regardless of length of service but the maximum compensation would be a few days pay (in other words how long it would have taken to do things properly). Given that there are fees to pay to bring such a claim and that costs are rarely awarded then even that is unlikely to be worthwhile.

Takeaway_Addict

tycroestart wrote: »

taken from ACAS
11. The meeting should be held without unreasonable delay whilst allowing the employee reasonable time to prepare their case.
13. Workers have a statutory right to be accompanied by a companion where the disciplinary meeting could result in

• a formal warning being issued; or
• the taking of some other disciplinary action; or
• the confirmation of a warning or some othTryer disciplinary action (appeal hearings).

14. The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.


Provide employees with an opportunity to appeal

25. Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision. Appeals should be heard without unreasonable delay and ideally at an agreed time and place. Employees should let employers know the grounds for their appeal in writing.
26. The appeal should be dealt with impartially and wherever possible, by a manager who has not previously been involved in the case.
27. Workers have a statutory right to be accompanied at appeal hearings.
28. Employees should be informed in writing of the results of the appeal hearing as soon as possible.


these are basic employment rights that everyone has from 1 month after the start of employment so the above statment was true

Unenforceable.......until after two years employment...

bargainbetty

If you have email evidence that you only contacted the agency to ask about weekend work, and had no intention of leaving your current job, then you might want to consider sending it to your ex=employer with an explanatory note to the effect that you had done that, but hadn't followed it up and it genuinely didn't spring to mind as you hadn't heard anything.

You can state that you were unwell and did not go a recruiter on the Thursday, just for the record.

It might not do anything, but you never know. If the previous employment was really trouble-free, they might want to think about it once emotions have died down.

FBaby

You say the dismissal was on the grounds of lying. It might not have been intended, but you did lie, so the grounds do stand. It is quite harsh to be dismissed for an unintended lie that did no damage to the company, but ultimately, they can dismiss you for whatever they want (that is not discrimination). Maybe it was only an excuse, or maybe they have very high standards about honesty.