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cityguru
cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13323
Experience:  Senior lawyer with 30 years experience
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Customer Question

i have been dismissed from my job under the grounds o gross misconduct
i was suspended on 17th april and the employer did an in house investigation i was never given details or statements from this investigation and other issues were added to the original issue
i went today to a meeting and feel i was not given enough prior information to defend myself and was not allowed to fully explain my actions and also feel that the other issues shouls not have been included in the process
i am also 20 weeks pregnant and dont know my rights
Submitted: 3 years ago.
Category: Employment Law
Expert:  cityguru replied 3 years ago.
Hi Welcome to Just Answer, I will try and assist you . Can I start by asking for some further information?

How long were you employed? What was the gross misconduct alleged. What notice did you get of the disciplinary hearing and was the allegation spelt out in the notice?

Have you been given notice of your right of appeal?

Beating in mind it is late in the evening I may not be able to respond until tomorrow but I will respond as soon as possible
Customer: replied 3 years ago.

employed since oct 2012 was suspended on 17th april was informed of meeting on monday 22nd was not given any info eccept a email on phone saying i had allegedly sworn at a manager and they spoke to other staff where they used their oppinions of me into account and not about the incident. i asked for statements that they had gathered but was told i wasnt entitled to them


during the meeting they read off a list of which i wasnt given a copy and didnt feel that i had enough time to state my case in regards XXXXX XXXXX incident and they didnt seem interested in getting a lot of information from me thay agreed that i was a hard worker and thats all i believe they had already decided to sack me whatever i had to say


i think personally this was used to sack me as i am pregnant and they didnt want me there or had no idea how to deal with the pregnancy in work environment

Expert:  cityguru replied 3 years ago.
Ok that is helpful. After such a short term of employment you do not normally have an unfair dismissal claim but if the dismissal was allegedly on the basis of conduct and you were never properly informed of the basis it sounds as if they fabricated the claim. If you were dismissed because you were pregnant that is an inadmissible reason and you have an unfair dismissal claim even though you were not employed for a year. If you have any evidence to support this then I would suggest you write saying it is clear they fabricated the grounds for dismissal and the real reason was your pregnancy and that you intend to bring a claim for unfair dismissal if you are not compensated properly ( you could also claim reinstatement). You can appeal the dismissal and have three months to bring a tribunal claim after the date of dismissal.
Customer: replied 3 years ago.

should they have given written statements prior to meeting and should they have taken a written statement from me prior to meeting

should they have bought up seperate issues which where not associated with the alleged incident i was also informed that i have had previous warnings of which i am not aware of as i have never signed a warning letter

how should i have been properly informed as i am not sure how it works? i was only given a phone call and one email with limited information

havent been given any info on me appealing or who to in the company

Expert:  cityguru replied 3 years ago.
They should have provided you with sufficient detail of the allegations to prepare a defence /response. No they should not have introduced new allegation. However none of that makes any difference to your ability to claim. Despite the procedural failings you have no unfair dismissal clim unless you can claim to have been dismissed by reason of your pregnancy. As you have not been employed for a year you can only claim if you base it on dismissal for pregnancy. Otherwise there is no claim and the fact that they handled it unfairly makes no difference.

The way they handled it may as I said be evidence that the reasons stated for your dismissal were concocted. Your right of appeal should be contained in the company's disciplinary and grievance procedure.
If they have not got one then you could just write saying you wish to appeal but you may be better of just writing as I suggested. An appeal should normally be held by someone senior who was not involved in the original decision

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