I did get summary dismissal for saying piss off to my work colleague who provoked me .the witnesses did not have investigation meetings, a person who was responsible for causing the incident was directly involved in investigations I made grievance, no response, my English work colleague made grievance against me , it went straight to disciplinary
8 years, employer solicitors offered 5k, then after exchange of witness statements offered 10k 10, I did not accept, what's more I have statement of another English head chef who proper sweared to manager and was not dismissed, court is booked for the 24 of April, I claim unfair dismissal and discrimination
I went to CAB and solicitor advised that piss off it is not swearing, I was dismissed for gross miscundact
no I was not, my partner was typing all letters, complaints and grievance and appeal until now, she contacted one of solicitors and they say accept 10k, I believe I had so much harm done by all the situation, I claimed 5k for discrimination in schedule of loss.
I worked as ahead chef, and it was quite after lunch , radio in the kitchen was on, and manager( started 2 weeks prior to incident and was never introduced to me as my manager plus I have an information in my old contract that I am part of management) he came and ordered turn off the radio- while in the restaurant music was still on, I went to the other side of the counter checked and said I cannot hear laud music( it could not be heard as fridges and air con was constantly on) the manager came closer and said again turn it off, then I said "piss off"
the employer states they followed procedures- it is a huge company Greene King pubs and they employ thousands of employees so why the manager was dealing with statements? they put in the letter gross misconduct and failure to follow reasonable managers request - what was reasonable in that request ??God knows
The respondent solicitors are sending me threatening e mails - if I do not accept 10k,they would impose costs on me if I loose my case in the court-
basic award 3712
past loses ( 5 months ) 8779
loss of statutory rights 500
holiday pay 400
failure to provide statement of terms and conditions 1856
unpaid bonus 900
lost pension 378
future loses 9,2079 i started and of january as self employed) that amount??
when I made grievance ; I received no response, when the grievance was made against me next day I was suspended etc; I said piss off; I have a statement when English employee swears properly at the manager and no grievances, no dismissal has been made
I was given summary dismissal and the English employee- no action was taken