unfair dismissal

[JZY]

if you think youve been papped out your work unfairly, whats the procedure? Is there anywhere that you can take your case to? Or read up somewhere online about what the rules are?

got booted monday, theyve given me a chance to appeal but its an internal appeal to the same agency that booted me so i cant see much faith in it. Was gonna see if theres other avenues.

Basically, i may not even have a shot but the story goes:


I incurred 2 offences on 28th november & 15th December. Both 'AWOL's (or no shows) - Which is an offence that immediately gets you to a 'stage3' (or final written warning).

For whatever reason (slow to do paperwork?) i was never talked to about either of them, until the end of december - in which i had a meeting about the 28th nov incident, and then got a final written warning after it. Since recieving that warning, i havent incurred anymore. Yet ive just had a meeting about the 15th dec incident, and got booted for it. Even tho it happened prior to me getting the warning.

thoughts?

[sylvianorth]

I think you might be fucked. One of my mates just got papped out of a job for being off sick despite having more than enough necessary paperwork, sick lines etc. It was within a 6 month boundary period or something so his bosses basically told him to get tae. There could of course be more to the story but he reckons it's to do with them making loads of redundancies and basically looking to get rid of as many folk as possible. From what I can see it's agency work you were doing and I've heard they've been making loads of cutbacks so it could be the same deal.

That being said if you're just after some sort of vindication rather than job re-instatement it might be different, just chipping in with my experience.

[Exit_W0unds]

http://www.acas.org.uk/index.aspx?articleid=1461

If you've been with them for over a year you should be able to take it further, any less than a year and you've not a leg to stand on unfortunately.

[Westy]

You'll have to go through the internal appeal first of all. Even if it is fruitless.

Once thats over and done with (and if you don't win your appeal) you can appeal that in the courts. You'll have 3 months to appeal after the end of the internal one. After those 3 months are up, ye can't So get to a lawyers after the internal appeal has been concluded.

You got yer final warning for the 28th Nov no show? So basically got sacked for being off on the 15th of December aye? I'm pretty sure theres a time limit on work being able to give you a warning from the date you were off. I don't know what the exact limit is though.

So aye see out the internal appeal even if ye know it'll no help. But it'll let you continue onto the courts and make yer claim seem more serious as you have tried all the avenues you had available to you. And that would be the last resort kinda thing.

[djtoast]

28th november

was a Friday - if you were at bamboo, sue Forbes.

Doesn't sound like you have much hope otherwise though

[LesMTS]

If there's an understanding amongst staff that two AWOLs = sacked then you're probably fucked. Might be worth arguing though.

[JZY]

yeh the only reason i thought i had a shot was due to the technicality of it - The fact that i did incur 2 awols but since recieving a warning havent - and was sacked for an offence prior to getting the warning.

[RobTur]

TBH if you went AWOL, which I assume is without notifying your immediate manager or the appropriate person is usually classed as Gross Misconduct, so you have no chance, time to forget and move on and pretend you went travelling for the time you worked there......

[Westy]

I'm like 90% sure that there is a time limit on them being able to impose any warnings on you if a certain amount of time has went past since the absence date and them giving you a warning (or in your case, the sack). I'd check that out. Might be worth it.

Like the awol that you got sacked for was the 15th of December? And thats you just hearing about it like over 5 weeks later?

[Baron Samedi]

Your company's absence management policy should clearly state the timescale that absences have to be dealt with from the time you return to work. That's your best bet - you can't argue against the AWOL itself but you might be able to appeal on the grounds that it was dealt with incorrectly.

[JZY]

cool cheers.