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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50208
Experience:  Qualified Employment Solicitor
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I was sacked misconduct doing compliance

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i was sacked for gross misconduct for not doing compliance checks correctly which was the estates managers job who at the time had resigned from the company 3 weeks previous. so no estates manager in place. this is the third estates manager to leave in in 3 years after each time they have ask me to cover with no extra pay but to take on the responsibility. this time there were a lot more mitigating circumstances as i was covering a drivers job as he left my job what I'm employed to do and they wanted me to cover compliance which i feel is above my pay grade as i am employed as a maintenance worker
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long did you work there for?
Customer: replied 2 years ago.
7 years with no warnings or disiplinaries . but the estates manager who just left i caught him out for falsifying records two months before he handed in resignation they did not sack him, he left on his own free will but now i believe they have re employed him
When were you dismissed?
Customer: replied 2 years ago.
i was dismissed on 29 th oct 2015 ,just wondered if it is unfair dismisal
So were you trained on how to do these checks?
Customer: replied 2 years ago.
yes on doing the tick boxes for but not trained to be compliance manager.
So were you dismissed for things you were not actually trained to do?
Customer: replied 2 years ago.
i was dismissed for not doing compliance and all monthly / weekly tests above all over work for which he sent me an email for after i queryied compliance not being done as no estates manager in place, into first week of term.expected me to pick up all tests and to fill in all paper work which i attempted to do the best i could on the tick box work. as we then gave the tick box paper work to estates manager who fills in compliance properly as he was not there this was not done . he is concentrating on weekly fire alarm testing which was not carried out , ofsted turned up and ask for fire log records which were not up to date as all of this was handed to estates manager to complete to leave us doing our maintenance jobs whilst he was in post because he was not there responsibility was put back to me to do
Thank you. Misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time. In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:· Conducts a reasonable investigation;· Follows a fair disciplinary procedure;· Has reasonable grounds for believing the employee was guilty; and· Show that dismissal was a decision that a reasonable employer would have taken in the circumstances. In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows: 1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be. 2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. 3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning. My concerns here are that you were asked to do work which you did not usually do, for which you were not provided with full training. In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken. If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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