Advice on the laws of recording a work meeting that resulted in dismissal

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  • Laurawright
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    I'm new to this site so unsure how I reply to a certain post, sorry! My previous reply was for Sangie595
  • YouAsked
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    It doesn't sound nice and it's probably no consolation to you now, but you're probably better off out of it.

    What I'd say is, don't get too hung up on it...even if they had followed the procedure, the eventual outcome would probably have been the same with the only difference being you'd have a week's money too.

    I would write to them as outlined above by Sangie, but don't count on any kind of victory, moral or otherwise.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    I'm new to this site so unsure how I reply to a certain post, sorry! My previous reply was for Sangie595

    Click on the little orange speech bubble underneath the post you want to quote.

    I would agree with YouAsked - don't hold your breath. But as long as you understand that it is highly unlikely that you will get anywhere, there is no harm in trying. Bluffs sometimes do pay off. Even a token payment and an agreed reference is worth something.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    edited 12 October 2016 at 11:43AM
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    If you have more than one month's service, you are entitled to receive one week's notice of dismissal (or longer if stated in your employment contract).

    The employer would only be entitled to dismiss you without giving notice in cases of gross misconduct.

    If you didn't receive notice or pay in lieu of notice, it would at least be worth sending a formal letter setting this out and asking for a week's pay (or longer notice period stated in your employment contract).

    If you were so inclined you could claim for notice pay through the small claims track of the county courts. This is much cheaper than doing it through the Employment Tribunal. A covert recording would almost certainly be admissible evidence in the small claims track, although in reality the judge might not be too interested.
  • Laurawright
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    .

    Thank you for your comment. They didn't pay the weeks notice at 1st. I wrote a letter stating that they owed this money to me and eventually they payed it.
    I've had another letter today admitting that I was not sacked due to gross misconduct even though I have a previous letter where they have stared I was. I think they are just trying to cover there backs.
    I've never had any verbal or written warnings for anything at the ex employers. This is why it has annoyed me to the point of wanting to take action. Looks like I don't stand much chance though.
    I'm going to try the letter with what has been written above and see what happens.
    Thanks again!
  • polgara
    polgara Posts: 500 Forumite
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    Move on, you have the pay that you are entitled to. Sounds like a lovely place to work!
  • FBaby
    FBaby Posts: 18,367 Forumite
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    I think they are just trying to cover there backs.
    They don't have any back to cover. Their dealing badly with the matter is probably more a case of incompetence and quite likely HR and a manager getting involved with different understanding of the law. The manager might be following guidance from the organisation's policy whilst HR is bypassing it and acting in line with the law.

    The reality is that for whatever reason, they didn't want you to remain in the job. The more positive action is to reflect on the experience, and consider whether your behaviour might have resulted in the outcome, if not being fully responsible, having something to do with it.
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