Employment law experts please - i been dismissed for no 'apparent' reason?

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Sorry, no practical advice I can offer, only the sentiment that I feel your ex-employers are a shower of utter ******** and should be forced to eat a bag of ***** for treating you so shabbily. Their abuse of this countries flawed employment law in order indulge in a bit of cronyism is shameful, and I really do hope it blows up in their face on them.
 
Just a quick update, i filled a tribunal form in last week and have received a letter from them stating that my case has been accepted. TBC....
 
Just an update, i have my tribunal hearing on Wednesday, and have prepared my case etc, however, Tribunal ordered that i should have received the responents witness statements by 21st April, i received them on 4th May, it's too late to do anything now, i tried to ring ACAS but they were closed, and i phoned tribunal services and they said to mention it on the day of the hearing, they have also not sent a vital piece of evidence i requested and was relying on. i am going to use this against them as evidence of their incompetence and lack of respect to both the tribunal service and to myself. I have since learned too that because of the nature of my dismissal (on the grounds of my ability) they were still obliged to follow ACAS code of practice and they should have offered me extra training / assistance in my role. Not only that, but i have evidence to disprove their claims, except from the evidence they have conveniently forgotten to send me. Hopefully, things may go in my favour due to their lack of respect and not providing what i requested.

Still bricking it though, i was awake throughout last night running things through my head, wishing i was at the PC typing them as i thought of them. I think the tribunal may adjourn the case due to missing vital evidence, but i just want it over and done with now. it's causing me stress and sleepless nights.

I will let you know the outcome (should it not be restricted) after Wednesday :)
 
wez130 said:
Lol. you're funny!

Edit, infact, you have a habit of trolling threads, particularly mine ;)
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He is not trolling, going by the information you gave, you are not entitled to a tribunal so either you haven't explained what actually happened fully or given us the entire criteria of your dismissal otherwise the tribunal is being raised on grounds you have not divulged to us or you have worked for the employer for longer than you have stipulated or you had specific additional protections in your employment contract.

Good luck though, regardless of the details you seem to have been very badly treated.
 
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TRNC said:
I hope they win, you should never have been given a tribunal based on the information you gave.
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It would appear that people with more knowledge that you disagree.

Let's wait for the tribunal to go through and see what happens.

I'm all for fairness when it comes to these things and I myself was dismissed by a company that I had worked for for over 10 years and as Group Manager with responsibility for all branches in Scotland and reporting directly to the Board of Directors.

I was dismissed on the spot by the MD one day and had to make my own way home as I had my company car taken from me there and then. I was told that I was not receiving my notice, commissions, holiday pay etc and escorted from the building. My "crime" was ordering the wrong product colour on a £4000 order. I did not even order the goods and had evidence to prove this.

I believe the company wanted to get rid of me as due to increasing performance at all the branches my gross pay actually topped that of the financial director and with a new branch opening my income would have increased dramatically due to the contract I was on.

An appeal was lodged and I met with another director two days later who upheld the MD's decision - not surprising as they are brothers. All the other directors are non family but when I asked that I meet with one instead of them he said no. As I left the meeting I advised them that I would see them in court to which the Sales director laughed out loud in front of my witness.

TIMELINE:
Tuesday PM: Dismissed
Thursday AM: Appeal Meeting
Thursday PM: Met with my layers who wrote a letter and had it delivered by hand.
Friday AM: Letter delivered
Saturday AM: Cheque through my door for in excess of £7000 in respect of salary, comms and holiday with a letter requesting that this be the end of the matter.

I took that as I had planned to change career anyway and took a few months off then went to Uni got degree and working in different field that I love with a company that values me. OK not earning as much but lets face it that is not everything in life.

OP if you think the dismissal was unfair and you have the appeal all the best.
 
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I think the people having a dig at TRNC are missing the point slightly - it would be nice to know what the extra part of the story is that we haven't heard, as for whatever reason he seems to have been able to pursue a tribunal where one should not be open to him as per what he has told us.

There's no harm in wanting to hear more when there seems to be a piece missing from the story as a whole.
 
I was dismissed due to my capability in the job, true or false, they never followed ACAS code of practice.

What if the standard of an employee’s work simply isn’t up to scratch?

Dismissal may be justifiable, but you must follow a formal process, which begins with telling the employee their work is unsatisfactory and informing them what they need to do to improve. You must give the employee the assistance they need, including training, and a reasonable time in which to improve. Employers are expected to have given employees an escalating series of warnings, for example, a verbal warning followed by a written warning, followed by a final written warning, before dismissal.
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Source here.

Dismissals on capability and conduct grounds

Sometimes an employee is incapable of doing their job to the required standard. This may be because they don't have the right skills or aptitude for the job.

They may also be capable of doing their job, but unwilling or reluctant to do it properly. At other times, you may have to deal with an employee who has committed some form of misconduct.

These could all lead to disciplinary procedures and, if performance or conduct does not improve, dismissal.
Capability and conduct dismissals: the process

To ensure that any resulting dismissal is fair, you should:

Arrange a meeting with the employee, telling them the reason for it. During the meeting, tell them how you expect them to improve and over what period. Warn them that if their performance doesn't improve enough by the deadline, you will give them a first written warning. Keep a note of the meeting and copy it to the employee.
Hold a second meeting if their performance hasn't improved enough by the deadline you set at the first meeting. Give the employee a chance to explain and issue a first written warning if you're not satisfied with their reasons. Keep notes of your meeting and draw up an action plan with timescales for improvement.
Hold a third meeting if their performance still hasn't improved enough by the deadlines set. Set targets - with a reasonable timescale for improvement - and warn that you will consider dismissal if there's no improvement. Issue a final written warning and record what happened at the meeting.
If their performance is still not up to standard by this third deadline, you will need to arrange a full disciplinary hearing.
Following the hearing - or appeal if there is one - you will need to decide whether to give the employee a further chance to improve, or whether dismissal is now appropriate in the circumstances. You must inform the employee of your final decision whatever the outcome.

Employees have the right to be accompanied to all disciplinary meetings and to appeal to a manager - ideally one not involved in making the initial disciplinary decision.
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source http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073793720&type=RESOURCES

Regardless of that, they have lied about why i was dismissed, and i can and intend to prove it. To cut a long story short again, i was dismissed to allow the new managers friend and favoured person to take my position, if they had followed correct procedure, it would have took me to over 12 months service.
 
I hope you get to cause them grief at the very least.

I used to work for a place selling pc's in manchester. They had a terrible regime in place and you could be fired for simply not being liked by the MD. No matter how long you had worked for they would do things like plant items in your bags and be accused of stealing, or making allegations of sexual harrasment ( usually by the md's red hot niece ).

One guy took them to tribunal and they fabricated 3 written warnings and got 4 members of staff to confirm he had been given verbal warnings as well ( all lies and done by staff who were related to the MD ) and they got off scott free.

No matter how the law is there will always be lying cheating scum who run business's who will stoop to anything to win.

The fact is many people work for companies run by arrogant people who think that you become a bonded slave if they pay you a wage... expecting unpaid overtime and no back chat "unless you want to leave". Being phoned up at 8.45AM on a sat and being told, youre needed on the counter today, be here for 9AM or dont bother coming to work monday!.... and no im not joking it happens.
 
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