Hi,new onto this site so unsure if this post is in the correct catogory. I was sacked on 29th jan for gross misconduct,have appealed against this and have a hearing this week,but the company does not revoke original decisions based on history of events. There evidence is thin to say the least,wanted some advice on how the tribunal system works,i`m in a union but will be unable to pay them come this month i have no money left. also some advice on if its correct regarding having to wait 26 weeks for any assistance ie jsa. many thanks in advance

im a ladie and a single mum, who wants to show a good example to my children by working and doing the right thing by them paying my mortgage etc. who has worked at a large supermarket for a short time not 6 months, i enjoyed my job and got on well with everyone, never had time off or any question or grievences. But 4 weeks ago i was pulled into the office and told i have been seen on camera with my purse on the shop floor and at the time a tried to explain i ad lost my locker key,and also at the time lots of members of staff had items on them and rules were lacked and everyone was following other peoples leads . This has escalated to me being dismissed for apparently fraud of receiving points on a bonus card,this is there main reason for the dismissal gross misconduct, these points equated to £5. And if anyone had looked at the situation why would you jepurdize your job for £5, well i wouldnt well anyway firstly i was shocked because it wasnt me who put these points on my card and i did not ask to put these points on either, it was another member of staff on there till number and when they were on shift. Anyway an investigation proceeded with me and this other member of staff, they throw allsorts of alligations at me that at the time i tried to explain as best as i could remember as this was back in december the incident was ment to have happened. I myself was eager to please my bosses and sometimes put under pressure and yes bent company policy rules but so had many others but not to the extent that they were trying to say, it would have equated to a warning written or verbal which i have never had either and have a good record never been off sick etc and even had members of the public say to my bosses how pleasant i was to them. This was a new store that had just opened and everyone had came in as new staff members some from other stores and some just new recruits. Anyway i had the union which had just been newly trained and had very little experience at investigation or how to defend an employee didnt know the rules and what was right an wrong evidence statements etc, these investigations ran on for a total of 3 weeks and the stress and people gossiping in store and confidentuality rules broken anyway it came to a disaplinary meeting and it took an hour an half for me to be further questioned and felt to be a criminal and intimedated i was distressed and upset even now writing this, im upset by the fact i have been dismissed and the person who put these points on the bonus card has kept there job . Also i would like to add that the day i was dismissed the duty manager in question asked me how long i had been there and it was my pay day the pay slips are sent in by the post from out of our area and take a few days to be printed but why if i was dismissed the same day of my pay could all my holidays and money in lou be on my payslip ???? this would say to me even before the meeting of disipline they had already decided to dismiss me which is unfair as the duty manager went through the motions and said could i wait outside for his decision, also how can i be held responsible for the actions of another employee that put these points on said card and also they have kept there job, it wasnt me who ask for these points to be added as i tried to explain and how comes im being branded a fraud, why arnt they be branded the same??? and they have kept there job, a just dont know what to do to get them to listen and the union rep when i rang them told me they wernt interested and had a lots on there plate and didnt have time to speak to me . my questions are these why did a pay into a union that did not defend or represent me properly. why and how has the other person kept there job??when a thought we would be treated fairly. and now i have put an appeal in which at present im so under the illusion by what has already happened to me wont be treated impartially or without mallice in that said store by the main manager, i really dont want to work alongside people who obviously have treated me unfairly and have lost all confidence in there code of conduct procedures and the other staff member who has kept there job has posted on a social networking site how happy they were at there good news of keeping there job this said person i have found out that the other member of staff, was under survaliance at there other job and was due to be sacked for issue so left and started at the said store. What am i to do can someone please help with advice, at this moment in time im not bothered about the job to be honest due to the loss of confidence with the investigation and the way i was treated just want the truth and justice to be done .

Hi Guys, First time poster on here, but have been reading the boards for a while. Wondering if anyone can advise which way to go with this: *Employed more than 12yrs by current employer *Had accident at work 13 months ago (employer admitted liability, PI claim in hand) *Unable to work full time since *Paid for all Injury Assessments myself (Employer refused) *Harassed to see the reports (i was happy to if they covered the cost to me) *Told in a meeting in Nov'12 I would be dismissed if I 'didn't get myself right' and would receive a letter the next day ( I had no idea what the meeting was to be about) *Took 5 wks of me asking, to actually receive the letter (which was different to what was mentioned in meeting) *Verbally dismissed 3rd wk in Dec (I asked for this to be confirmed in writing,still waiting!) *Have started me training in another role,less money,to run concurrent with notice period, then 3 months in that position but only as sickness cover, then 'who knows' I'm aware I may have one or two grounds for unfair dismissal. Would appreciate some advice from you guys. Also would a tribunal only hear one claim, or if there are several grounds would they be heard in the same case? Cheers

I looking for a bit of advice. My husband has been unwell for the last 18 months and last year had spinal surgery to correct the problem. Since he had the surgery he has suffered blackouts. He went back to work in June but is still suffering. Work has paid for him to have a medical and while the report says he has problems, the company should try and make allowances while the cause is found out. The report also says his problems are covered by the Disability Act. What I'm wanting to know is can they sack him. He has a stage 3 meeting next week to discuss his level of absence and the letter does say that as part of company policy he could be dismissed. We are both worried as if he is dismissed we are not entitled to ESA contribution based and I earn just over the limit for income based. Any help would be appreciated. Joanne

i was recently dismissed from work, i had three days off sick with an abcess on my tooth, on returning to work i was told to collect my tools, i requested a dismissal letter as i thought this was strange and the dismissal letter just said that i had to take involuntary redundancy even though there were people who started after me still working in the company in the same job role as mine?? note that involuntary redundancy was a completely different reason to the one i had been given in the office i beleive it was just an excuse as i asked to cut my hours down as some weeks i was working nearly 70 hours as i needed to spend time with my family as my wife has arthritis and has to look after my two young children , i hope some one can help, thanks dan

I am looking for some advice please, as well as any information on similar experiences. I have read through as many of the relevant threads during the last 4 days as I could find and would now request some help for my own case. On 21st January 2013 I was dismissed from the place I have worked at for over 8 years. I am yet to receive the paperwork so I cannot be 100% accurate on the terminology yet but the manager stated that I was being dismissed as he "wasn't convinced that I could provide regular and effective service in the future." A little history.... I had been off sick from 24th October 2012. I had been told by my doctor that I should not drive. I had medical certificates for my entire absence. I saw the Atos doctor in early December, as arranged by my employer, who stated that I was not fit for duty but he could see no reason why I would not make a full recovery with no future ill effects from this illness. At the beginning of January I felt well enough to return to work on full duties and informed my employer on 3rd January that I would be able to return to work the following day which was when my sick note ran out anyway. The following day I returned to work to be told that I could not return from sick leave until the Atos doctor had stated that I was fit to return and so I was to remain on sick leave and a referral would be made. Later that day I was invited to attend a capability hearing on 21st January. When the hearing took place to discuss "my current fitness for work, whether I would be able to return to full duties in the near future and whether there were any adjustments that could be made to support my return to work." the Atos referral had still not been made and so the manager used the previous report which stated that I was not fit for work. They also did not discuss any of those things and only really spoke about how bad my attendance had been. My sickness record has not been very good but a lot of my sickness has been due to pregnancy related illness which cannot be used in a disciplinary setting as far as I am aware. In the past 12 months I have had three periods of absence: 71 days for the last illness, 72 days for stress and 19 days for an ear infection. During the hearing, my manager stated that in the past 4 years I had taken in excess of 300 days of sick leave. Unfortunately, being very naive, I had gone into the hearing horrendously unprepared and therefore did not have my own copy of the figures to hand (I'm sorry CAGGERS, I kick myself for this now). Still, this seemed very high to me and I sought clarification (twice) that these figures were correct and did not include any pregnancy related illness. I was assured that this was the case. However, upon checking my notes I have found that in fact in the past 4 years I have only had 179 days of sick leave and that only 17 of these were from before 2012. Where he got his figures from I do not know. I really hope to God that they document these figures he gave in the minutes. My union rep does remember that the figure they gave was close to a quarter of the stated time period (365 days of 4 years approx.). At this point I do not really know what else to tell you. I would really love any advice on how to approach the appeal. I have written out all of my evidence and arguments (as best as I can) which I am happy to share but I do not know anything about the appeal process and whether it is appropriate to do a lot of talking and raise concerns. Can anyone help me? I promise that I am not looking for someone to do all the hard work for me, I've been sat here for days working on this, it's just that I have seen on here that there are so many knowledgable people who might be able to help me to fight against this poop decision! Any questions, feel free to ask. I know this post has been mega long and if you stuck with it, you have my sincere thanks. Oh and a few points I know you'll want to know.... 1) I am a member of the union. I was accompanied to my hearing. My rep does not seem too fussed in my case, I think that they are getting so little facility time and are so busy that it is a pain in the bum for them. 2) I have a full copy of the attendance procedures policy. 3) I wasn't on any form of warning regarding my sick. 4) I have started putting together my ET1 form as I know that work are going to drag their heels on this. They always do Please help, I'll be so thankful.

Hi, I recently brought an ET cliam against my employer for unpaid holiday pay and unlawful deductions from wages. i was employed at the time and in their ET3 response they also stated that my employment was continuing. They have done nothing but lie and deny everything about the claim saying that I am not owed anything, even though I can prove that I am. The other week my solicitor sent a letter to their solicitors basically blowing their defense apart, no doubt this annoyed them. The other day I was told that it was not appropriate for me to be in the wiorkplace whilst this claim was on going. To clarify, I work for a charity and I was volunteering as well as doing paid work. They have basiclaly told me I cannot volunteer and i will probably get no work either, so it looks like I have been dismissed with no notice nad without good reason. I have been employed since March 2011. Can I add a claim for unfair dismissal into the current claim or would I need to make a new claim? Also do you think that their behaviour would go agains tthem at the ET? Thanks

Hi All im in the process of claiming unfair dismissal and i have a tribunal date for the 12th dec. i now have to....set out in writing a remedy the tribunal is being asked to award. Now i don't want my job back but being a single mum of 3 children i feel i would find it impossible to get another job to suite within the foreseeable future. im just really seeking advise on WHAT i should claim for financially ? do i put that i have still 30 years of employment left and ask for 30 years wages? i really don't know. also debts that ive taken on whilst employed that i cannot now pay? Please advise me as i only have 2 weeks to respond. i have been to the CaB today who couldn't advise me and also to my local advise centre who said the same. i just don't want to look cheeky by claiming for loads. thanks in advance

Here's the chronology 1) Claim received - two card debts rolled into one 2) Returned a defence of statute barred 3) Cabot wish to continue, transfer of proceedings 4) Send CPR 31.14 Request, as I am keen to see some documentation 5) No reply to CPR request from Cabot 6) Cabot send over copy of their completed Allocation questionnaire - they would like to try and settle, requesting one month stay, in the reason box they state " the claimant shall endeavour to provide advance disclosure following which mediation may be appropriate" 7) I post my allocation questionnaire - not looking to settle reason: statute barred defence plus Claimant has failed to respond to my CPR request. Send copy of CPR Request with Allocation questionnaire. In the future applications box on questionnaire I state "yes" and "N244 Compelling disclosure of particulars of claim." That's where I am right now. I want to make the correct N244 application / order for direction etc to get this Claim thrown out. A) I think that my current route of CPR 31.14 request followed by N244 compelling disclosure may be weak as the Cabot POC is deliberately vague and they can potentially rightly ignore my request. B) I have heard another option is CPR 16 with a N244 requiring claimant to plead their case effectively. C) Maybe there are other CPR routes that can be taken? D) Can i easily get a "Summary judgement"? What do the Forum Experts feel is the best route for getting this thrown out? I would greatly value any advice.

I have recently been dismissed from my employer ( a nationally known gas/electric company) for so called "gross misconduct". I undertook some work at a property and more than 24 hours later the elderly customer said that she could smell gas. National Grid attended, and noted on their paper work "pressure test passed" and also "no trace with gasco", which to me indicates that they could not find any trace of the leak. As per company policy, a technicial had to do a follow up visit, and funilly enough he said that there were 2 gas leaks, even though National Grid (who are known as the gas police, and highly trained) could not find anything. I have had several run ins with the management at the company, and before my old manager recently left the company he told a member of the union "I will get rid of that c**t if it's the last thing I do". I also had emails from the regional manager questioning whether I should be working for the company. A few weeks ago I was signed off work due to work related stress, because of the pressure I was getting from the management. They have said on the dismissal letter that I failed to follow a number of their procedures, one of them was "not stripping and cleaning an open flued boiler, as per company procedure". But this particular boiler could possibly contain asbestos (confirmed by manufacturer) and should not be disturbed. Me and the union rep had requested for the disciplinary hearing to be adjourned, he had been hit by a car a couple of days earlier, which broke his glasses and also injured his wrist. He said he felt he could not properly represent me, as he could not read any of the paperwork, or take any notes, this request was completely disregarded. With regards to the gas leak, I took all reasonable actions to check the appliance was safe, and carried out all safety checks, there was no smell of gas during the time it took me to do these safety checks. If I had not carried out these checks, then I would happily hold my hands up and say that I did not test for any leaks. I am appealing against the decision, and also going to take some advice from ACAS, I was just wondering whether anyone out there had any other advice for me? or anyone want to list their view?

Hi, I'm a new member on here so bare with me. A few weeks ago i was suspeneded from the workplace, from that day they have been basicly accusing me of theft from the store. money did go missing but i did not take it they have gone off reasonable belief and after 4 hours of discaplineries i recieved a letter saying they have dismissed me. was due to start maternity leave in about 6 weeks and the date i recieved the dismissal letter made it 1 week short of being there a year. I don't know if it is just a coincidence or jus a way to get rid of me so they don't have to offer my job back after mat leave. everybody eccept the company know i havnt taken it but there is no proof either way, im loosing far too much sleep over it as they havent even paid me properly whilst i have been suspended but i cant stand the thought of having to contact a company that think im a theif and a lier. Thanks in advance x

Hi all, I worked for a company(2nd largest in world) for 8 years with clean record,not even a verbal. my supervisor and i both signed a document,he had final say as to what happened. we found out the next day that there was a mistake made. we both had investigations on same day but as letter was worded wrong my union rep ask investigator to allow this to be changed for the record,he did not allow this,so it was put off for a week, however supervisor had same letter and investigator DID allow his to be changed on record. the following day we were both suspended on full pay. (after 9 days of doing same duties) At investigation we asked for several ppl to be interviewed, only 2 out of 4 were and even one of them was not the only person to have seen document,we requested said paperwork so we could look at it. At my hearing not all were spoken to,and the paperwork was there that we requested thus the meeting was adjourned for the following day. My supervisor was demoted and given final written,but i was dismissed. in my dismissel letter it stated procedural failure for the other staff,yet mine stated it was an oversight! it also did not state that i was found guilty off gross misconduct or anything else for that matter. This incident has happened many times in the company but no one including supervisors have ever been sacked. Surely if other staff (4) missed the wording on document they would have to speak to all? And make sure paperwork was at my hearing? they had 3 weeks to do it in. two off the staff claim it was not up to them if they had seen it to pass it on to me,but company rules states it is a must that they do. also company states i didnt follow correct rules for my said jobs,YET company rules clearly states i did. please help as i have been unable to sleep,eat as its so frustrating. thanks suz

Hi, as I expected I was dismissed this week from my job due to being ill for a considerable time, also they cannot provide me with alternative work that I could do. What I wanted to know is as I am on ESA(support group) will the back holiday pay and pay in lue of notice affect my benefit, do I have to tell them I have received this? Most of it will be from holiday pay from last year when I was on SSP not ESA.

Hi, All Needing advice please. I have worked for a bus company for last 9 years, at the beginning of June I was Dismissed Due to Capability. In June 2009, I was diagnosed with Sarcoidosis after losing weight and an eye infection. I was off sick for approx. 9 weeks and since then have been attending various hospital clinics regularly. I have also been on medication since then and still am. Last June I went off sick again due to a Sarcoidosis flare up because of Stress caused by the company, I was off for 3 months, and put on a level 2 sickness. I went back to work, when, maybe I shouldn't off, but Hey Ho, and within 5 weeks of being back, I developed another eye infection, related to Sarcoidosis, but I just carried on working, and didn't see my doctor. At beginning of January, my eyesight was not getting better, I went to optician who then referred me to hospital, after a few weeks my infection had got worse and was advised not to drive at all, so since end of January I have been off sick. Company sent me to company doctor, who agreed that I was not fit to work, and because of Sarcoidosis, I may be covered under the disability discrimination act. Unable to give work a start back to work date, I was dismissed due to capability, decision upheld on appeal, and given 9 weeks’ notice. What I'm asking is, Is it worth me perusing a claim against company or should I accept it. Many Thanks.