Sacked on the spot

jobbingmusician

newdeal wrote: »

What we said, who reported it etc is irrelevant at this point.

Ive been employed there for over 4 years, they cant just call me in one day, kick me out, with no process or investigation surely.

No, they can't, legally. It is very probable that you would win your ET if you choose to bring one.

However, did you hear what Sangie said? She pointed out that if you won your tribunal, it is very likely that your payout would be reduced because you brought your dismissal on yourself.

Personally I am in two minds. If you are 100% certain that there were no customers on the premises, and you can argue that you were working while you had a discussion with your colleague (therefore debunking any potential claim by the employer that you were 'stealing time' in addition to slagging him off), then I would go for it. You admit that you had a conversation with your colleague about your manager, but this was a private conversation and not a basis for dismissal.

I have some other, slightly different warnings though.

1. When I was reading your post, I read it with the assumption that you thought you had been audio recorded. This may have been a wrong assumption on my part. Thinking about it more, it is equally probable that you have been video recorded. Is it possible that your demeanour (ie lounging around gossiping about ANYTHING, and not actually working) has contributed to this dismissal?

(Please note I am not making a judgement, just suggesting things to you so that you think through the day in question and are prepared for anything that might come up.)

2. I would not engage a solicitor for representation if I were to bring this ET. This is purely a personal choice, but the employer has clearly behaved wrongly, so if you are confident that you can answer the issues of discussing your employer in public, and not gossiping to the detriment of the work for which you are being paid, then justice should be done. (But keep reading this thread as others may have better ideas to input to the conversation.)

ETA - the above point is because I don't think solicitors add much to the ET process for relatively simple claims, and I do take the point about the temptation for them to spin out time!

3. You are owed your notice pay, any accrued holiday, and to be paid for the days you worked this week. My first move would be to write to your employer pointing out this fact. How you continue this letter is up to you. (For example, it could be a letter stating that you intend to take him to tribunal, or it could be a letter stating that you will consider a compromise agreement including full payment of the above plus ???? and a good reference.

Masomnia

I think this is heavily dependent on what was said and to whom.

Employees !!!!! about their employer to each other all the time, I'd think that was pretty normal, and I personally can't see a tribunal finding a dismissal for having a general moan to a colleague to fall within a range of reasonable responses, nor worthy of a 100% polkey reduction. But, as I say, it depends on what was said between you and if it's true that a client heard.

If customers heard then that would be different.

A lot of solicitors will give you a brief free consultation to assess your case, and your home insurance may give you legal cover.

pioneer22

I agree with others, try and get a settlement pre tribunal its called a COT3.

For me the question here is does the conduct constitute gross misconduct now examples of gross misconduct to warrant dismissal are:

Drugs/Drink
Downloading pornography
Theft
Gross insubordination
Fighting
Another else in the company handbook under examples of gross misconduct.

Yes bringing the company into disrepute could be a sackable offence, but was this just one client? Or was this on Facebook for example where 50-60 +people could see it? What would the cost be to the businesses reputation? Were you just "letting off steam"?

Walters V Asda - She said on Facebook she wanted to stick a pick axe in customers heads - She was sacked and won the tribunal as this was unfair it should have been misconduct as per the handbook.

Do you have an employee handbook?

My concern for you is the duty of fidelity you have towards your employer.

newdeal

Thanks for the advice.

Spoken to a solicitor who thinks we have a strong case. Also, amazingly, our home insurance also covers employment legal fees up to £50,000 so shouldn't cost anything, add that on top of the tribunal fees being abolished from today I think we have a good chance.

Undervalued

newdeal wrote: »

Thanks for the advice.

Spoken to a solicitor who thinks we have a strong case. Also, amazingly, our home insurance also covers employment legal fees up to £50,000 so shouldn't cost anything, add that on top of the tribunal fees being abolished from today I think we have a good chance.

Based on what you have posted here you certainly have a strong case on procedural grounds.

How much compensation that will lead to may be another matter. Obviously you have been able to talk directly to your solicitor, so he should have an idea of how much (if at all) a tribunal is likely to consider you contributed to your dismissal. Obviously, at the moment, he has only heard your side of the story!

Hopefully a settlement can be reached fairly quickly as any type of claim such as this is far more stressful than people realise.

Best of luck.

Iwanttobefree

patman99 wrote: »

Newdeal, you and your fellow sacked hairdresser could well join forces and set up as mobile hairdressers. Advertise on Facebook and twitter.

You could cause your former employer some serious financial damage if you get it right.

Most hairdresser owners (if they have sense) have a contract that specifies you cant take the clients if you leave.

My wife didn't, so when she left (new owners, horrible working conditions, she left of her own accord), she set up as a mobile hairdresser and the vast majority of her client base stayed with her, and she has had full books ever since and has never needed to advertise and is having to turn people away (been doing it for over 7 years)

Iwanttobefree

newdeal wrote: »

Thanks for the advice.

Spoken to a solicitor who thinks we have a strong case. Also, amazingly, our home insurance also covers employment legal fees up to £50,000 so shouldn't cost anything, add that on top of the tribunal fees being abolished from today I think we have a good chance.

I would contact hour home insurance sooner rather than later to let then know what might be coming. You could find that if you wait until it's all well down the process, they have some sort of clause in their contract where you have to notify them at the outset.

General_Grant

Iwanttobefree wrote: »

I would contact hour home insurance sooner rather than later to let then know what might be coming. You could find that if you wait until it's all well down the process, they have some sort of clause in their contract where you have to notify them at the outset.

I think the OP should contact their insurer straight away. I would not expect the insurer to want to pay for any legal service which had been arranged by the OP without involving the insurer.

The insurer is more likely to have some kind of panel of solicitors who can be used. The first thing to do would be to contact the insurer for legal employment advice.

Energize

chubsta wrote: »

be careful with the solicitor - it will be in their financial interests to push this as far as possible regardless of chance of success...

No reputable solicitor behaves like that, you could make the same claims about any profession.

sangie595

Energize wrote: »

No reputable solicitor behaves like that, you could make the same claims about any profession.

Unfortunately, there are solicitors who are not reputable, by your definition.