How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11123
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I did get summary dismissal off to my work

Resolved Question:

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

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
How long have you worked there and what stage has the employment tribunal reached?
Customer: replied 2 years ago.

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

Customer: replied 2 years ago.

I went to CAB and solicitor advised that piss off it is not swearing, I was dismissed for gross miscundact

Expert:  JGM replied 2 years ago.
Thank you for responding. It would appear that the employer didn't follow procedure on the basis that there was a failure on the employer to follow procedure and that is what they are concerned about above all else. Plus a discrimination element would vastly increase the value of your claim.
I take it you are represented in all of this?
What is the discrimination element?
Can you advise more about the actual incident?
I will pick this up with you in the morning if you can give me a full statement covering the above points.
Customer: replied 2 years ago.

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-

Expert:  JGM replied 2 years ago.
Thank you for your detailed response. What is your calculation of the sum you ar seeking from the Tribunal? Please let me have a breakdown.
Customer: replied 2 years ago.

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??

discrimination 5000

Expert:  JGM replied 2 years ago.
There is a cap of loss of future earnings of one year's earnings or £76564 which ever is the less except in discrimination cases.
What is the discrimination elemens of your claim?
Customer: replied 2 years ago.

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

Expert:  JGM replied 2 years ago.
Why does that relate to race though? How do you intend to prove that element.
Customer: replied 2 years ago.
i am a polish national and the grevience against me went straight to disciplinary when I made a grevience against somebody I have never received response
Expert:  JGM replied 2 years ago.
Yes but do you have any evidence that you were disciplined in a disproportionate manner because of your race?
Customer: replied 2 years ago.

I was given summary dismissal and the English employee- no action was taken

Expert:  JGM replied 2 years ago.
I see. In that case your are perhaps right to reject their offer although, you do have to know that any kind of litigation can be a gamble and there is no certainty. Everything rests on the tribunal's view of the evidence on the day. If their view of the evidence is that there was discrimination then their £10k offer is inadequate and you can argue for more depending on what your current employment circumstances are.
JGM and other Law Specialists are ready to help you