Need an answer regarding my dismissal?

[seeker]

Hi, firstly im new to the forum so please be gentle with me, Ive worked for a company for a few years, the first year was fine until i refused to do a particular job, from that date i had my overtime stopped, ive had to put up with regulation bullying, being ignored etc. When this started i officially complained in a grevience (more than once) which the allegations i made naming the manager(s) was dismissed as there being no evidence of any wrong doing. The manager who has made me his target has dealt with all my disciplinaries since the ill treatment started even thou ive told them im not happy that he is judge and jury everytime, and the fact ive told them on paper (grevience) that he wants me out of a job i dont feel that this person can conduct my disciplinaries fairly. ive tried to find the answer online as to wether it would be deemed unfair on the grounds of natural justice or grounds of bias but cant find much and wanted to know if anyone hear can help me thanks.

[miliitant]

Re: Need an answer regarding my dismissal?

on what grounds did you refuse to do this particular job. was it on a health and safety issue for example

[seeker]

Re: Need an answer regarding my dismissal?

Hi, thanks for replying, no i refused as they werent willing to increase my wage so i refused, this was what made me a target at the time, i also was aware of the consequences before i refused.

[charitynjw]

Re: Need an answer regarding my dismissal?

Hi seeker

See the attached ACAS guidance, in particular the section on grievances & who should be involved (ie, not the line manager who is the subject of the grievance).
The ACAS Code of Practise is the minimum to which an employer should adhere.

[seeker]

Re: Need an answer regarding my dismissal?

I really just need to know if a manager that a worker has officially complained about is still entitled to be involved in that workers disiplinarys? Even if there was no evidence found?

[miliitant]

Re: Need an answer regarding my dismissal?

the line manger should not be involved in any grievance procedure if it involves the data subject against the line manager in question

even though ACAS set the minimum requirements and is only guidance, in any dispute , it will be classed as though its statute legislation

you mention you refused the job as they would not increase your wage

had another member of staff done this job previous and resigned for example and was this person on a higher wage than you

[seeker]

Re: Need an answer regarding my dismissal?

thanks militant, ive already read that which does seem to back up my query, ive made work aware of this (bias, conflict of interest) but they dont seem to think its an issue, even during the last dp which i mentioned it was unfair yet again they just carried on, ive read they should of stopped or adjourned the dp at this point but they never? If i took this further do u think there could be grounds for unfair dismissal on the basis that the manager has been the subject of my greviences in the past and ive stated specifically that he wants me out? thanks for the quick reply.

[charitynjw]

Re: Need an answer regarding my dismissal?

"If it is not possible to resolve a grievance informally employees should raise the matter formally and without unreasonable delay with a manager who is not the subject of the grievance. This should be done in writing and should set out the nature of the grievance."

(From p44 of the above guidance - emphasis is mine)

Btw, the extract is from the ACAS Code of Practise, not just 'guidance'

"Employment tribunals are legally required to take the Acas Code of Practice into account when considering relevant cases. Tribunals will also be able to adjust any compensatory awards made in these cases by up to 25 per cent for unreasonable failure to comply........" (Page 3 of the above attachment)

[teaboy2]

Re: Need an answer regarding my dismissal?

Exactly if a worker/employee has raised a grievance in the past whether its now an historic grievances or a current grievance, that manager is not allowed to be in charge of any disciplinary meetings against the worker/employee. To do so is a clear conflict of interest that prejudices the employee/worker and makes the disciplinary impartial and likely biased in its outcome as a result of the manager being the one making the decision. You therefore have a case for unfair dismissal and a breach of contract by the employer, i.e. they have a duty care to protect you from bullying, victimization (which i believe this falls under as the manager clearly used you as an example to others as to what happens when you cross him/her) and harassment.

As for refusing to do a job, well what made you think you were entitled to increased wages? Was the wage for doing that particular job a higher grade?

Also you say all disciplinarys, can you provide us with a back ground history of your past diciplinarys, date, and what the outcome of this disciplinarys were, as if you had already been given a verbal, written and final written, then your case is very slim to be honest. Though you can still appeal on the fact the manager should not have been in charge of the disciplinary meetings.

Also what were you actually dismissed for in the end.

I understand you feel wronged, but your statement of account, is some what vague and missing vital bits of information, as such we need you to answer the above questions in order to get a full clear picture of the facts so we can then advise you correctly.

[miliitant]

Re: Need an answer regarding my dismissal?

if you are dismissed, then on appeal, it was discovered that the employer had not followed correct procedure in the current or previous disciplinary matters, then the termination of employment would be automatically unfair and subject to an ET1 claim or can be used in an appeal against dismissal which must be done first

theses terms are set by ACAS and the employer must follow

[charitynjw]

Re: Need an answer regarding my dismissal?

It would also be an advantage, if you have not already done so, to obtain a copy of the employer's own Grievance Procedure (if they have one).

[seeker]

Re: Need an answer regarding my dismissal?

Hi thats the answer i wanted thankyou militant. The job i refused was too much work for too little pay, i was not disciplined for this this was just the day i knew if i refused, id suffer treatment that id already seen another worker go through. The dp are for time off and one was for not reporting to work on my second day of absence due to a family crisis, which i appealed against but lost. I just wanted confirmation concerning my managers involvement which i have now got thanks to you. there is far too much info for me to type on here, i will have many more questions but i need to get all my paperwork out first. thanks again militant.

[charitynjw]

Re: Need an answer regarding my dismissal?

seeker, if you have home insurance, you are often covered for employment disputes.

[seeker]

Re: Need an answer regarding my dismissal?

Thanks for the advice everyone, i have also appealed against my dismissal on these grounds but the person did not understand what i was saying concerning my manager? and has again not been upheld so i am now officially unemployed, but feeling better after visiting here ty.

[miliitant]

Re: Need an answer regarding my dismissal?

if you need a hand with the ET1 THEN GIVE ME A SHOUT