Agreed, HR will just provide a reference confirming the role they fulfilled and the term of their employment.
Got the sack.
- Thread starter BYTEr
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Agreed, HR will just provide a reference confirming the role they fulfilled and the term of their employment.
Soldato
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So here is ACAS take :
Appendix 2 - Sample disciplinary procedures
Sample 1 (any organisation)
1. Purpose and scope
This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance. The company rules (a copy of which is displayed in the office) and this procedure apply to all employees. The aim is to ensure consistent and fair treatment for all in the organisation.
2. Principles
Counselling will be offered, where appropriate, to resolve problems.
No disciplinary action will be taken against an employee until the case has been fully investigated.
At every stage in the procedure the employee will be advised of the nature of the complaint against him or her and will be given the opportunity to state his or her case before any decision is made.
At all stages of the procedure the employee will have the right to be accompanied by a trade union representative, or work colleague.
No employee will be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice.
An employee will have the right to appeal against any discipline imposed.
The procedure may be implemented at any stage if the employee's alleged misconduct warrants such action.
Gross misconduct
The following list provides examples of offences which are normally regarded as gross misconduct:
1 theft, fraud, deliberate falsification of records
2 fighting, assault on another person
3 deliberate damage to organisational property
4 serious incapability through alcohol or being under the influence of illegal drugs
5 serious negligence which causes unacceptable loss, damage or injury
6 serious act of insubordination
7 unauthorised entry to computer records.
If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more than five working days, while the alleged offence is investigated. If, on completion of the investigation and the full disciplinary procedure, the organisation is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
So assuming the company has a set of rules like these then they do not state they do not apply to someone with less than 12 months service. Hence they apply. they fail badly on the process. So they havent dismissed well under these proceedures.
I know of someone dismissed for gross misconduct and the company had to back down and pay him off. He didnt deny that he did in fact do the gross misconduct, what he went to a solicitor about was that the company failed to follow their own proceedures and immediately company backed down as our HR consultants said you will lose. The vast majority of losing cases at tribunal are for failing to follow your own processes, even though you have the right to do something due to say persistent sickness. This is why HR departments are so OTT on filling forms doing interviews on sickness etc since they know if you fail to follow process you will have seriously weakened your own case.
Appendix 2 - Sample disciplinary procedures
Sample 1 (any organisation)
1. Purpose and scope
This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance. The company rules (a copy of which is displayed in the office) and this procedure apply to all employees. The aim is to ensure consistent and fair treatment for all in the organisation.
2. Principles
Counselling will be offered, where appropriate, to resolve problems.
No disciplinary action will be taken against an employee until the case has been fully investigated.
At every stage in the procedure the employee will be advised of the nature of the complaint against him or her and will be given the opportunity to state his or her case before any decision is made.
At all stages of the procedure the employee will have the right to be accompanied by a trade union representative, or work colleague.
No employee will be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice.
An employee will have the right to appeal against any discipline imposed.
The procedure may be implemented at any stage if the employee's alleged misconduct warrants such action.
Gross misconduct
The following list provides examples of offences which are normally regarded as gross misconduct:
1 theft, fraud, deliberate falsification of records
2 fighting, assault on another person
3 deliberate damage to organisational property
4 serious incapability through alcohol or being under the influence of illegal drugs
5 serious negligence which causes unacceptable loss, damage or injury
6 serious act of insubordination
7 unauthorised entry to computer records.
If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more than five working days, while the alleged offence is investigated. If, on completion of the investigation and the full disciplinary procedure, the organisation is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
So assuming the company has a set of rules like these then they do not state they do not apply to someone with less than 12 months service. Hence they apply. they fail badly on the process. So they havent dismissed well under these proceedures.
I know of someone dismissed for gross misconduct and the company had to back down and pay him off. He didnt deny that he did in fact do the gross misconduct, what he went to a solicitor about was that the company failed to follow their own proceedures and immediately company backed down as our HR consultants said you will lose. The vast majority of losing cases at tribunal are for failing to follow your own processes, even though you have the right to do something due to say persistent sickness. This is why HR departments are so OTT on filling forms doing interviews on sickness etc since they know if you fail to follow process you will have seriously weakened your own case.
Thanks for all the replies, really very much appreciated. When there letter with the confirmation of termination of contract comes through the letterbox I'll be straight down to CAB if there's no mention of how I go about appealing as I'm sure you can't just be dismissed on the spot in the way I was especially with no notice being paid.
So you didn't actually swear at the customer on the phone? Since when has swearing in the workplace/ voicing your frustration been a sackable offence? 
If everyone is wearing headsets, then I seriously doubt another customer would have heard?
I would definitely fight your corner - if the calls are recorded, they can hear for themselves that you didn't swear at the customer. Being sacked without any formal warning(s) because 'someone heard you swear' is pathetic.
If everyone is wearing headsets, then I seriously doubt another customer would have heard?I would definitely fight your corner - if the calls are recorded, they can hear for themselves that you didn't swear at the customer. Being sacked without any formal warning(s) because 'someone heard you swear' is pathetic.
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Don't quote me on this but you cannot dismiss somebody on the spot even for gross misconduct, you are required to suspend them and hold an enquiry then call them in for an interview and make a decision, if they have messed up any of the steps (and it sounds like they have by giving you their verdict at the start of the meeting with you and not afterwards) then you would cream them at a tribunal.
Check this advice site out: http://www.iambeingfired.co.uk/misconduct.html
Check this advice site out: http://www.iambeingfired.co.uk/misconduct.html
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Eeasy to get those mixed up.
Nope, I just walked straight out handing over my security fob. I was thinking of doing something but didn't want anything that could go against me when i proceed to fight this.