employment tribunals
employment tribunals
long story short im taking my previous employer to an employment tribunal for unfair dismissal over a incident that happened in December last year which lead to a botched investigation by the management which turned into a witch hunt that lead to me and my work colleague being sacked for gross misconduct.
after my dismissal i was allowed to a unbiased fair appeal,this did not happen as the independent appeals manager was a friend of the manager who sacked me and my colleague and no investigation on his part or the company was done whatsoever.
this has lead to me taking the employment tribunal route.
at the minute im waiting to hear from the union solicitors about them representing me in this case as the union says it should be a cut and shut case as the company have no evidence apart from cctv which they arent and wernt allowed to use under agreed company procedures and shouldnt have even got this far if the appeals manger did his job and the investigation properly.
questions are how long does it roughly take and how does it all work?
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aaronabbott
04-06-2017, 09:50 AM #1has anyone got any previous or current experience with employment tribunals?
long story short im taking my previous employer to an employment tribunal for unfair dismissal over a incident that happened in December last year which lead to a botched investigation by the management which turned into a witch hunt that lead to me and my work colleague being sacked for gross misconduct.
after my dismissal i was allowed to a unbiased fair appeal,this did not happen as the independent appeals manager was a friend of the manager who sacked me and my colleague and no investigation on his part or the company was done whatsoever.
this has lead to me taking the employment tribunal route.
at the minute im waiting to hear from the union solicitors about them representing me in this case as the union says it should be a cut and shut case as the company have no evidence apart from cctv which they arent and wernt allowed to use under agreed company procedures and shouldnt have even got this far if the appeals manger did his job and the investigation properly.
questions are how long does it roughly take and how does it all work?
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
Gross misconduct sounds like fun !!!!!!!
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More to the point what did you do ????????????????
Gross misconduct sounds like fun !!!!!!!
Lexus IS200 Mods--TTE Supercharger, Tein Superstreet Coilovers & EDFC, 6000K HID Lights, HKS Silent High Power Exhaust, DBA Front Discs, Kenwood DNX9240 Head Unit, 19" Rims, TRD Kit, FIGS Bonnet Struts, Greddy Pillar Pod & Defi Gauges, TTE Red ARBS . And Been To WIM twice
[SIGPIC][/SIGPIC] [COLOR="DarkOrchid"]That symbol on the side of my door.. Definition by FirebirdPhil 'Translated it means -
"try to overtake - go on give it a go I dare you......." [/COLOR]
I'm not an Outlaw; I'm a Poutlaw! Purple Supras are the bestest! I love purple .. a lot lot lot
purplewitch
04-06-2017, 10:19 AM #5lol at 'no evidence apart from cctv' ... useable or not, you might wanna rephrase that in the tribunal
[SIGPIC][/SIGPIC] [COLOR="DarkOrchid"]That symbol on the side of my door.. Definition by FirebirdPhil 'Translated it means -
"try to overtake - go on give it a go I dare you......." [/COLOR]
I'm not an Outlaw; I'm a Poutlaw! Purple Supras are the bestest! I love purple .. a lot lot lot
What happened is i used to work for a large parcel delivery company and the department for transport (dft) happened to gain entry to the site when i was on shift through a gap in the security perimeter fence which was raised to the security manager previously as it was in a place where there is a blind spot due to the height of the gatehouse.
At the time there is supposed to be 2 people working in the gatehouse booking in trailers (where i worked) unless 1 is taking their break either during the shift when it isnt busy or allowed to take it at the end of shift as agreed.
My colleague had a personal emergency around 8pm and needed to go home to sort it leaving just me there as there was no way of contacting the security manager as he never answers his phone when off site.
Around 9:30 the dft inspector gained entry through gap in the fence while i was booking in 3 trailers.
The next day i come into work not knowing what had happened the previous night and the gap in the fence has been temporally fixed.
A wee later my colleague was suspended and another 6 weeks later i suspended pending investigation.
2 months later we were both sacked for unauthorised absence and failure to maintain security standards,which was put down as gross misconduct dismissal without notice.
At the appeal we argued that under the agreed code of practice cctv is not allowed to be used in a conduct code issue unless criminal damage or theft has occured and there is also no written code in security standards in which i failed to maintain.also they denied it was never anything to do with the DFT gaining entry to site which sparked the investigation even though the first page on the case notes it was headed INVESTIGATION INTO THE DFT ENTRY.
The thing is everyone who worked in the gatehouse on the different shifts done the same thing and it was only me and the other person who got sacked even though the company said the other people have had action taken against them.
So onto the tribunal we go
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
aaronabbott
04-06-2017, 11:50 AM #6On the cctv evidence part they have me leaving early as i was taking my break at the end of my shift which had been previously agreed by my manager at the time to which he admitted in the meeting minutes which he later on denied.
What happened is i used to work for a large parcel delivery company and the department for transport (dft) happened to gain entry to the site when i was on shift through a gap in the security perimeter fence which was raised to the security manager previously as it was in a place where there is a blind spot due to the height of the gatehouse.
At the time there is supposed to be 2 people working in the gatehouse booking in trailers (where i worked) unless 1 is taking their break either during the shift when it isnt busy or allowed to take it at the end of shift as agreed.
My colleague had a personal emergency around 8pm and needed to go home to sort it leaving just me there as there was no way of contacting the security manager as he never answers his phone when off site.
Around 9:30 the dft inspector gained entry through gap in the fence while i was booking in 3 trailers.
The next day i come into work not knowing what had happened the previous night and the gap in the fence has been temporally fixed.
A wee later my colleague was suspended and another 6 weeks later i suspended pending investigation.
2 months later we were both sacked for unauthorised absence and failure to maintain security standards,which was put down as gross misconduct dismissal without notice.
At the appeal we argued that under the agreed code of practice cctv is not allowed to be used in a conduct code issue unless criminal damage or theft has occured and there is also no written code in security standards in which i failed to maintain.also they denied it was never anything to do with the DFT gaining entry to site which sparked the investigation even though the first page on the case notes it was headed INVESTIGATION INTO THE DFT ENTRY.
The thing is everyone who worked in the gatehouse on the different shifts done the same thing and it was only me and the other person who got sacked even though the company said the other people have had action taken against them.
So onto the tribunal we go
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
this is why the union are saying its cut and shut and about th efact i wasnt given a fair appeal hearing
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
aaronabbott
04-06-2017, 12:11 PM #7already done that and they still have nothing and no action was taken against anyone else.
this is why the union are saying its cut and shut and about th efact i wasnt given a fair appeal hearing
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
If I was looking to defend myself in this one I'd be looking to prove I'd raised the issue of the gap in the fence and that I'd made all efforts to contact the manager (even if you know he won't answer, if you left a message on his mobile or something you have a better argument for trying to make additional cover available as per the rules etc)
Regarding the leaving early, get a copy of the minutes which shows your manager agreeing you could take the break at the end of shift.
Paper trails are your friend in this situation...
Hope it all turns out well for you!
Sadly, as far as I know (and I'm NOT a lawyer) the argument of "everyone does this why are we the only ones being punished" won't hold any water, as they won't care. Everyone else isn't bringing the case to tribunal.
If I was looking to defend myself in this one I'd be looking to prove I'd raised the issue of the gap in the fence and that I'd made all efforts to contact the manager (even if you know he won't answer, if you left a message on his mobile or something you have a better argument for trying to make additional cover available as per the rules etc)
Regarding the leaving early, get a copy of the minutes which shows your manager agreeing you could take the break at the end of shift.
Paper trails are your friend in this situation...
Hope it all turns out well for you!
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
aaronabbott
04-06-2017, 12:26 PM #10yeah ive already got all of that,that was the problem i was entitled to 1 appeal not knowing i was gonna be stitched up in the first place for doing nothing wrong
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
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