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cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13323
Experience:  Senior lawyer with 30 years experience
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hi there i have just been dismissed from my job and was looking

Customer Question

hi there
i have just been dismissed from my job and was looking advice as i feel i have been harrassed and havent had a fair hearing in my disciplinary.
last week i was caught smoking on a forklift which i fully admit that i done wrong however my head was not in right frame of mind, just a few days before this i buried a close family member and my head hasnt been right since that monday morning i was close to phoning in sick as was stressed out but went into work and with everything piled onto me i just lost it and lit up a smoke which i knew i was wrong. however this is were i also feel the company just wanted to force me out with out hearing my point of view
points which happened
- the following day after i was caught smoking i was given aletter for a disciplinary hearing on mon 5th nov, 1 hour later i got a phone call asking could i come to the office as my line boss needed to see me, he then told me only come when i had finished my work and actually give me more work till do before he brought me into the office to suspend me surely once he knew i was getting suspended this should have been done striaght away

- also when i was office he brought a witness in when suspending me this witness was not a member of our company he works for a completley different firm and only delivers to our company which again i thought wasnt rite

- i was told it was un paid but got that changed through union

- i went straight into a disciplinaray hearing yesterday without any investigation which i didnt understand

-the day of the hearing yesterday i was ask to tell my side of the story i went on to explain that yes i done wrong but my head wasnt rite due to family death which i got no reply what so ever, i also quoted other issues which lead to this regarding issues that have happened in work and thats when i was told that one of that mattered which again i wasnt been listened to what so ever

- the meeting ended and i was told i would be informed of another meeting but i thought anything that was said in this meeting i would have the chance to read and to sign off by note taker but nothing was done like that i was just sent home

- i got a phone call to say the next meeting was the following day (today) and had to attend it, when i went in i was told that due to my smoking on a forklift that this was very serious however instead of sacking me they were going to change my job role and contract and move me to a different location 10 miles away which would be alot harder work and i would be on probahtion and would have to prove myself which completley stunned me i didnt know what to say

- i replied to say that i had concerns about that as this knew role involved alot of lifting and i had back problems which my doctor and the company already knew about so felt they were trying to pressure me into taking a role which didnt suit me so then they could performance manage me out of the job

- it goes on the new boss that i was meant to have then came in he was the one who explained the new role and also said he wouldnt take any crap from me or excuses so when i said about my back issues he explained that maybe if i lost abit ofweight that would help i was stressed to the hilt didnt know what to do or say basically in a disciplinary hearing i am being verbally abused aswell about my weight.

- i was then told to go home as this wasnt the end of it and to wait on another phone call which i did but again at no point was i ask to read over any notes or to sign any paper to say what has been said which i found strange

- i went home and an hour later was called back into the meeting that day, i was told that due to the fact that i didnt show anything that i wanted this new job role that they done all they could and that i was dismissed from the company again i was fully concerned and saying what the hell actually ahs just went on.

- so i finally thought right ill get a chance to see all the notes that have been taken in these 2 day hearings but no not a thing, how do i know what was said or what was maybe added with out my permission in the way i was suspended i do know for a fact they wont mention the fact that they verbally abused me whilst basically sacking me syrely this is all wrong surely i have a case here.

sorry for this being so long but there is also alot more that i havent said but feel this covers half of it, i fully underrstand my fault of what i done but feel the way the company has went through this has baffled me, i spoke to a close family member who is a manager he explained to his hr person and it is them that ask me to gain advice from a solicitor as that is completley wrong the way those proceedings happens, any advice would be very greatful many thanks


stephen kerr
Submitted: 3 years ago.
Category: Employment Law
Expert:  cityguru replied 3 years ago.

I am sorry to hear what has happened. Can you tell me first have you had any disciplinary issues before ?

Secondly can you tell me how long you have been employed ?

Can you confirm that the letter for the first hearing specifically said disciplinary hearing not investigatory hearing?
Customer: replied 3 years ago.

hi there


i have only had one warning which was a year and a half ago i crashed the forklift, but at the time i was being bullied by another member of staff who was later found out and sacked.

pi have worked for the company 29yrs

yes the letter i received said disciplinary hearing and stated the reason why plus date and time for hearing





Expert:  cityguru replied 3 years ago.
Thanks Stephen . Based upon what you say , it does not seem that your employer has followed a fair and proper procedure.More importantly dismissal in such circumstances after 29 years is probably unfair.

A ly will turn upon how serious the smoking offence was. If there are fire hazards on site for example it is ery serious but normally on high hazard sites you are not allowed to carry cigarettes anyway.

You mention the union. I recommend that you should appeal the dismissal if you have not already done so but to protect your positions I would bring an unfair dismissal claim. the union should help you with this but if not you should get a local solicitor to help you.

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