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Ask C.Cornel Your Own Question
C.Cornel, Laywer
Category: Employment Law
Satisfied Customers: 840
Experience:  Senior Lawyer at Legal Group
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Where are you? It matters because laws vary by location.

Customer Question

Hi my name is*****: Where are you? It matters because laws vary by location.
Customer: london , England
Assistant: What steps have you taken so far?
Customer: I work for Sainsburys for 11years +, was dismissed just like that about 3wks ago, their reason was that I saved an item for a colleague and she forgot to pay for it,they said it was my responsibility to see that it was paid for by the other girl,hence my dismissal, all my time in Sainsburys, I’ve never got a single written warning, what can I do pls
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: they said I could appeal it, I sent the appeal to my store manager,I got a letter today saying I should come for a disciplinary appeal meeting on Friday
Submitted: 4 months ago.
Category: Employment Law
Customer: replied 4 months ago.
Still waiting pls
Expert:  C.Cornel replied 4 months ago.

Hello. My name is***** am a licensed lawyer from the UK.

Customer: replied 4 months ago.
Hi Cotnel
Customer: replied 4 months ago.
Sorry, cornel
Expert:  C.Cornel replied 4 months ago.

I would advise to explain your circumstances and state the fact that you are not responsible or liable for this inaction. This was merely a human error committed by your colleague.

Furthermore, it would be beneficial to explain that you have always acted in good faith and have been working at Sainsburys for an extensive period without any issues.

The inaction by your colleague was not that serious and it does not justify your dismissal.

Thank you.

Customer: replied 4 months ago.
Oh ok Ross, thanks for that, it’s reassuring
Customer: replied 4 months ago.
Pls Ross what do u think I should do on Friday then, cos I’ll like to go ahead with ally said pls
Customer: replied 4 months ago.
I was suspended for two days with pay, and asked to come back for the hearing and was just sacked on that very day, could t believe it, really painful, all my years I, Sainsbury’s just gone like that
Customer: replied 4 months ago.
I had o me of my colleagues as a representative
Expert:  C.Cornel replied 4 months ago.

The reason for my disagreement is that your dismissal would not be classified as unfair but rather disproportionate and unjustified to an extreme.

The law says it’s always unfair if you’re dismissed because of:

  • an ‘automatically unfair’ reason
  • discrimination

If your dismissal is because of one or both of these reasons, you can challenge it.

It’s always ‘automatically unfair’ if you’re dismissed because you:

  • are pregnant or on maternity leave
  • have asked for your legal rights at work, eg to be paid minimum wage
  • took action about a health and safety issue
  • work in a shop or a betting shop and refused to work on a Sunday
  • are a trade union member and took part in trade union activities including official industrial action or you were acting as an employee representative
  • have reported your employer for wrongdoing, which is called whistleblowing
  • If you’ll have worked for your employer for at least 2 years when your job ends, it’s also automatically unfair if you’re dismissed because:
  • the business was transferred to another employer
  • you didn’t declare a spent conviction

There are 5 legal reasons for dismissal that are ‘potentially fair’. This means it might be fair if you were dismissed because:

  • you’re not capable of doing your job - for example because your performance is poor or you’ve been off sick a lot
  • you’ve behaved badly - which is called misconduct or, for things like violence or criminal activity, gross misconduct
  • there’s a legal reason why your employer can’t keep you on - usually this means you’ve lost the right to work in the UK
  • your role is redundant - you’ll need to look at different rules to check if it’s fair
  • of ‘some other substantial reason’ - this isn’t set out in law, but it means your employer has to show they had a good reason for dismissing you

That was the justification for my legal advice, it would be better to reach an agreement and settlement, rather than claiming you have been treated unfairly, I know this isn't exactly what you want to hear, but I think there's a higher chance of reaching an agreement if you assume your liability.

Thank you.

Customer: replied 4 months ago.
Ok then Ross, how do we go about it on Friday then pls
Customer: replied 4 months ago.
Good morning cornel
Expert:  C.Cornel replied 4 months ago.


How was your meeting?

Thank you.