Employment hearing

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simon195

New member
Sep 11, 2007
467
Well this time next week i will be in a tribunal court seeking justice for my unfair dismissal last sept.... anyone on here been there, won/lost ???
 




Only as a representative of an employer.

We won. The dismissed employee lost.

But the Tribunal really made things difficult for the employer. They picked through every small detail of the procedures that had been used when the employee was sacked. Stuff like whether the wording on the final dismissal letter was 100 per cent consistent with the wording on the letter inviting the employee to a meeting to discuss potential dismissal, and whether the internal appeal hearing had strayed away from the original issue.

It might be worth your while thinking about how you might get the tribunal to conclude that the employer hadn't followed the proper three-step dismissal process to the letter.
 






simon195

New member
Sep 11, 2007
467
Only as a representative of an employer.

We won. The dismissed employee lost.

But the Tribunal really made things difficult for the employer. They picked through every small detail of the procedures that had been used when the employee was sacked. Stuff like whether the wording on the final dismissal letter was 100 per cent consistent with the wording on the letter inviting the employee to a meeting to discuss potential dismissal, and whether the internal appeal hearing had strayed away from the original issue.

It might be worth your while thinking about how you might get the tribunal to conclude that the employer hadn't followed the proper three-step dismissal process to the letter.

well i was only given one very minor verbal in almost 4 yrs service, then out the blue was suspended, attended a disaplinary held for ten mins, then told there and then i was sacked,, reason... gross misconduct, because in the contract i had it stated they can sack anyone for continuing to do their job to satisfactory standards... yet was never told verbally or in writing ever, that my standards were poor and that i needed to improve, now where s the justice in that ????
 




Dandyman

In London village.
Have a read through this.

p.s. Have appeared a number of times for employers side & always won.
 

Attachments

  • ACAS April 2009 guide.pdf
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simon195

New member
Sep 11, 2007
467
Have a read through this.

p.s. Have appeared a number of times for employers side & always won.

ok thanks for that, well they never followed proper procedures in my case, it was a case of ..our contract with client is on a knife edge anyway, so get rid of the employee at whatever cost to keep the contract sweet...
 


Dandyman

In London village.
ok thanks for that, well they never followed proper procedures in my case, it was a case of ..our contract with client is on a knife edge anyway, so get rid of the employee at whatever cost to keep the contract sweet...


The 3 stage process was abolished last April, but an employer still has to follow a "fair process". If you can show that your employer failed to follow a proper procedure then you may win on that alone. Were you advised of concerns prior to the dismissal meeting? Were you given the right of representation and were you given a right of appeal?
 




simon195

New member
Sep 11, 2007
467
The 3 stage process was abolished last April, but an employer still has to follow a "fair process". If you can show that your employer failed to follow a proper procedure then you may win on that alone. Were you advised of concerns prior to the dismissal meeting? Were you given the right of representation and were you given a right of appeal?
no not advised of concerns, also at the disaplinary ..the womam holding it refused to read any of my greivance letters or notes, stating...she never had time, also not 1 single letter or witness statement wad produced or shown to me, my view is that the firm had made up their mind to sack me before id even got there, was not represented, no union and worked alone, had appeal lost that, no evidece again, shown to me..
 


D

Deleted User X18H

Guest
Well this time next week i will be in a tribunal court seeking justice for my unfair dismissal last sept.... anyone on here been there, won/lost ???

I didn't get that far! But the very best of luck to you.
 


withdean62

New member
Aug 20, 2008
32
if the employer thought you were not doing your job correctly,there should have been documented meetings discussing this,giving you guidelines for improvement and a fair timeline to improve on on which you both agreed.seek copies of these which from the sound of it dont exist therefore they sloppily and incorrectly dismissed you in the wrong.I have been on the employers side of this many times and knew we had to have everything correct or we would have lost.if you need anymore help,not sure how much i can offer PM me,best of luck
 




luke17

New member
Oct 9, 2003
416
My dad was sacked from his job (unfairly) quite a few years back now and he took them to court and won around £10k in an out of court settlement from loss of earnings from when he was sacked until the date of being in court
 


D

Deleted User X18H

Guest
My dad was sacked from his job (unfairly) quite a few years back now and he took them to court and won around £10k in an out of court settlement from loss of earnings from when he was sacked until the date of being in court

He won an out of court settlement in court? How far did proceedings go.
 






Northstander

Well-known member
Oct 13, 2003
14,028
Just attended one as an employer and won outright, my support and documentation was spot on there was no where to go.

As previously advised, if you had performance issues, this must be brought up by the employer and support offered to overcome this with documented evidence of the meetings with a note taker present and evidence of the support provided!
 


simon195

New member
Sep 11, 2007
467
Just attended one as an employer and won outright, my support and documentation was spot on there was no where to go.

As previously advised, if you had performance issues, this must be brought up by the employer and support offered to overcome this with documented evidence of the meetings with a note taker present and evidence of the support provided!

ok thanks for that, no i was railroaded into a disaplinary and sacked on spot, for something so very very minor, on day of hearing i phoned employer stating i was too ill to attend, they insited i got there and had someone come all way fromn london to collect me, and my hearing was rushed big time, 10 mins in fact, as the woman holding the meeting was running late for a meeting with a client.. complete farce if you ask me...
 


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