the balance balance of probabilities?

[ravesafe]

I have been dismissed from work for gross misconduct. the dismissal letter states that on the balance of probabilities they believe the event happened. in my defense i produced 2 witness statements confirming my innocence. these have been ignored.

 

I am appealing the decision for several reasons but im looking for advice.

 

can the balance of probabilities apply to a case when there are 2 witness statements supporting my version of events? i was under the impression that i have provided enough evidence to dismiss the allegation against me.

 

any advice welcome....

[Sidewinder]

Hi Ravesafe. I think we could probably do with an outline of the circumstances, but you are certainly right to appeal and at a hearing ask specific questions as to why the witness statements either have not been believed, or why they have been deemed insufficient to clear you of any blame in whatever has occurred. Could it be that there is some history at work and that whatever incident has taken place has given the employer the opportunity to use this as a reason to dismiss under some form of totting up exercise? Was there anything in this incident where you could be accused of wrongdoing, even if the main allegation can be disproved through a witness statement?

 

For dismissal, the employer only has to have a reasonable belief, rather than proof beyond reasonable doubt, so is it possible that the employer believes that the witnesses are just trying to cover for you? How long have you worked there?

[ravesafe]

PM sent sidewinder, thank you so much for you reply.

 

the whole incident could have been dealt with within a few days but this has gone on for quite some time now. i have been subjected to workplace abuse since i started but always thought i could prove my worth but as they say; if your face doesn't fit you're in the sh!t!

 

my rep agrees that this is excessive and they are using it as an excuse to 'get me out' but i cannot prove it.

 

work have claimed to have sent me recorded letters which have not arrived, when i ask for proof they simply tell they they dont need to supply it and i have received them. they are playing some very dirty tricks and trying to ruin my future with allegations that have been proven untrue.

 

if they simply claim that my witness statements where false, what course of action can i take?

 

RS

[BRIGADIER2JCS]

Could this be a matter for an ET?