Requesting union representation in meeting to sack you and not being given it

[Jon-of-arc]

Excuse any grammar/typos, on shittest smart phone money can buy.

Just got sacked from job i hate. No tears. An absolute blessing.

Toward end of meeting, it became clear where it was heading, so i asked for union rep. This was ignored. Seconds later my employment was terminated.

Whats the score on this, evidential concerns aside? Any chance of a payout?


cesare

Ta.

 

[Fozzie Bear]

Talk to your union rep.

It does sound dodgy, but they will know.

 

[Duncan2]

cesare will know but when you received the letter inviting you to the disciplinary it surely gave you the opportunity to take in a Union Rep or other Companion.

 

[equationgirl]

Cesare is really busy at the moment so she might not be around to answer.

 

[StoneRoad]

Have check of the ACAS website
Home | Acas
or call them
"You can also call an Acas helpline adviser on 0300 123 1100 (8am-8pm Monday to Friday and 9am-1pm Saturday)."

 

[Puddy_Tat]

from memory, and on the move so research / posting links not easy...

think this could be 'unfair dismissal' if they have failed to follow proper procedure.

were you told in advance that this meeting was a disciplinary meeting?

but - how long have you been there? most protection from unfair dismissal only happens if you have 2 years service.

unless its due to discrimination (and by that i mean things like race, sex, disability and the like. boss deciding they don't like you is not, in law, discrimination.)

and

 

[Jon-of-arc]

I was there 3 months. The meeting was kind of sprung on me today.

Surely representation in any meeting where they are sacking you is a legal right? They said it wasnt a disciplinary meeting.

They had written the letter before the meeting, so the decision had already been taken.

 

[Sue]

I was there 3 months. The meeting was kind of sprung on me today.

Surely representation in any meeting where they are sacking you is a legal right? They said it wasnt a disciplinary meeting.

They had written the letter before the meeting, so the decision had already been taken.

Were you in your probationary period?

 

[Jon-of-arc]

Were you in your probationary period?

Yes

 

[Jon-of-arc]

ACAS say i may have a wrongful dismissal case. Not big money available (a months pay). Hmmm.

 

[Sue]

Yes

So was it more that you didn't pass your probationary period than being sacked? What does the letter actually say?

 

[Jon-of-arc]

So was it more that you didn't pass your probationary period than being sacked? What does the letter actually say?

Please accept this letter as confirmation that your employment will be terminated. My probationary period has two weeks left.

 

[Sue]

Please accept this letter as confirmation that your employment will be terminated. My probationary period has two weeks left.

Does it give a reason? Are they paying you notice?

 

[equationgirl]

If you have only been there three months and we're still in your probationary period I don't think you are able to claim wrongful dismissal, unless there is some form of discrimination going on.

 

[Jon-of-arc]

If you have only been there three months and we're still in your probationary period I don't think you are able to claim wrongful dismissal, unless there is some form of discrimination going on.

Wrongful dismissal is different from unfair dismissal. You can claim it at any point. You dont need to be disabled etc.

 

[Sue]

Wrongful dismissal is different from unfair dismissal. You can claim it at any point. You dont need to be disabled etc.

Okay, so why do you think you were wrongfully dismissed?

Obviously don't know the full picture but i suspect you're on a hiding to nothing.

 

[Jon-of-arc]

Okay, so why do you think you were wrongfully dismissed?

Obviously don't know the full picture but i suspect you're on a hiding to nothing.

Because i asked for union representation and was sacked asecond later. And i have the evidence to back it up.

 

[Jon-of-arc]

Evidence being a secret recording. Case law says this is admissible in a tribunal.

 

[DotCommunist]

Because i asked for union representation and was sacked asecond later. And i have the evidence to back it up.

even if its just a months pay its worth the hassle to stick it to the cunts cos whoevers higher in the food chain will at least hand a bollocking down I'd have thought. And its a months money.

 

[Jon-of-arc]

Plan is to wait until they pay me, then hit them with appeal, request for copy of relevant process docs, and chuck in an SAR for good measure.

 

[Sue]

Because i asked for union representation and was sacked asecond later. And i have the evidence to back it up.

As I understand it, you were in your probationary period and they already had a letter written saying your employment was being terminated. Trying to link getting sacked with asking for a union rep doesn't therefore seem to be a runner.

Did they say in the letter that you hadn't passed your probation or did they give some other reason? You should get a week's notice pay but apart from that, suspect there's not a lot you can do.

Ringing ACAS (if you're not in a union) may clarify things for you though.

 

[Jon-of-arc]

As I understand it, you were in your probationary period and they already had a letter written saying your employment was being terminated. Trying to link getting sacked with asking for a union rep doesn't therefore seem to be a runner.

Did they say in the letter that you hadn't passed your probation or did they give some other reason? You should get a week's notice pay but apart from that, suspect there's not a lot you can do.

Ringing ACAS (if you're not in a union) may clarify things for you though.

Ive spoken to acas who say very different things to you. Im waiting on advice from union.

 

[Sue]

Ive spoken to acas who say very different things to you. Im waiting on advice from union.

Okay, well good luck with it.

 

[equationgirl]

Evidence being a secret recording. Case law says this is admissible in a tribunal.

Case law says it may be admissible, and if submitted to tribunal must be concise. not quite what you posted.

 

[equationgirl]

Plan is to wait until they pay me, then hit them with appeal, request for copy of relevant process docs, and chuck in an SAR for good measure.

Get the process docs as soon as you can, as there may be time limits on the appeal process. Plus they may stop your network access etc.

 

[Jon-of-arc]

Case law says it may be admissible, and if submitted to tribunal must be concise. not quite what you posted.

Well, its not specifically not allowed, which is the important point.

Whole recording is 20mins. Pretty concise.

 

[Puddy_Tat]

Are you working out notice or not?

If you are still there, and if any of the shit that's gone on has done so by e-mail, suggest either printing copies or forwarding to yourself at home.

It's surprising how often e-mails 'accidentally' get deleted when employers get the faint sound of a tribunal in the distance...

 

[equationgirl]

Well, its not specifically not allowed, which is the important point.

Whole recording is 20mins. Pretty concise.

Well yes and no. 20 minutes is a lot for someone to listen during a tribunal. How long is the most important bit?

 

[StoneRoad]

get a transcript done by a third party ...

and another vote for getting emails on paper or forwarded to home. as soon as possible.

 

[Jon-of-arc]

Well yes and no. 20 minutes is a lot for someone to listen during a tribunal. How long is the most important bit?

The bit where i ask for union representation and was sacked? About 20seconds.