Quick question about dismissal

SpiderStan

Bit of a background to the situation; I was suspended from work for a week, called in for a review on my suspension, told I would be suspended further while a decision was being made. Then I was informed that I was dismissed (by email and letter).

The time scales for this are as follows;

20th February - Suspended

27th February - Review meeting, advised that I would be suspended until further notice while a decision was being made

1st March - Email received advising I was dismissed as of 27th February

3rd March - Letter arrives in the post advising me of dismissal

My question is this: My dismissal date is dated before the day I was advised of this. Is that above board? The dismissal is dated as 27th February. The email was sent to me on 1st March. I was effectively unemployed without knowing it between 27th February and 1st March. Had I not received the email, the letter was received on 3rd March. I know it seems petty, I just want to know if this is correct and if they are allowed to do this.

sangie595

If a decision to dismiss you was made on that date, and if the dismissal was without notice, then yes, it is correct. Why were you dismissed, did you receive notice pay, and how long had you worked there.

ohreally

No disciplinary hearing?

SpiderStan

I was there less than two years. I think the dismissal was unfair, I made a mistake and it was the first time I had made it. But my appeal was also dismissed. I wasn't paid any notice, just paid for the time I worked and the week I was suspended. But I'm just annoyed that they told me mid-week that I had been dismissed when I was under the illusion that I was technically and legally still employed and receiving pay. But I wasn't. I don't understand why the decision was "made on 27th Feb" but they left it until 1st March to actually tell me.

SpiderStan

ohreally, nope, no disciplinary hearing.

jobbingmusician

Accrued holiday pay? (As in - did you receive it?)

SpiderStan

They sent me the notes from the suspension review that I had. The last thing my manager said in it was "We need more time to review, suspension is continued and we will call you back in". They never called me back in. Just emailed me to tell me that I was dismissed.

And what's more, I found out through "gossip" in the office (my partner also worked there at the time) that I was being dismissed before HR even emailed me to advise me which was very embarrassing and a real shock to me.

SpiderStan

Yes I received my holiday pay.

sangie595

If you were paid for holiday and for time worked you could attempt to enforce notice pay - but frankly I doubt that it is worth the effort. But that is something that you must decide. If they say it was a dismissal without notice (serious misconduct) then everything just gets bogged down in he said /she said arguments about it - and it isn't a small claim (which is the cheap route to claim) but a tribunal claim.

It wasn't unfair (because that has a precise legal meaning anyway, the first part of which is "must have two years service") and there is nothing that says that you can't be dismissed for a first mistake! If you could explain the mistake, it might help to advise on the extent to which it might be worthwhile making a claim.

SpiderStan

It's gutting because I would have been working there for two years by 30th March. Basically I work with customers orders and putting them through over the phone. Very simple work. We would also look at activity made on the website and call warm leads made by customers putting items into their basket. On this occasion, I called a customer after the allowed time that the basket was created by the customer. The customer wanted to go ahead with the sale on finance. It's part of the process to cancel down the basket and re-instate it again under my name so the stats show true for the day. So I do this and continue with the order, taking the customers details.. The customer then decides to tell me that he has already completed the order online and submit his application while he was on the phone to me. I stayed on the phone to help him complete his order ready for dispatch anyway. I immediately put a note on the order that the order was to be taken out of my name and I would not be claiming commission on it because the customer completed the order online. They accused me of trying to falsify the stats and claim commission for orders that had been placed online. I hadn't put that order on my commission sheet. I hadn't claimed anything. I put a note on there to own up to a mistake that I had made, which in no way affected the customer. To be honest, the company used to be more laid back about this kind of stuff, we are all only human after-all. But the company almost overnight became very corporate and stiff-collared. I wasn't the only one in my department who got dismissed for something so stupid and petty like that. I don't think I would have been dismissed had I been with the company for 2+ years.

sangie595

Difficult then. It's involving an alleged attempt a fraud - objectively speaking. I can see what you are saying, but the employer is claiming something that could very easily be construed as gross misconduct. Which would warrant immediate dismissal. Frankly, I would advise moving on. You could attempt a claim for the weeks notice, but I honestly think it is more effort than it is worth. And oh, cancel that - you were dismissed before 30th March? You are out of time for a tribunal claim anyway. That leaves your only course as small claims, and I don't see this ending well as it will end up as a jurisdictional issue and they can't deal with employment related matters. I was thinking a claim might shake loose the money at pre-claim conciliation, but you are too late.

Sorry, my brain was too slow and I didn't notice the dates!