advice on dismissal without warning please

[MrClutch]

I have worked at the company for just under 14 months, no disiplinary action against me until this point.

Long story short, I have had 5 days off work, i sent a message to my boss on the first day saying I wouldnt be in work that day. The same day I posted an SC2 form to work. I made no further contact with them nor received any contact.
On my fifth day of absence I received a letter stating that due to unauthorised absences my employment is terminated with immediate effect as i have failed to report my absence in line with company procedures. I have had time off before and not reported it to my manager due to them being off work on long erm illness, in these instanes i have always contacted the head of personnel and this has never been an issue, however my letter says that i have failed on several occasions o report absences via company procedures.
My employment is terminated from the date of the letter and once i have been paid what I am owed i shall receive my P45.

I was hoping for some advice please.

As a side note and I dont know what relevance this has but I cannot tell you the companies procedures tehnacally as I have never been given a contrat (despite asking several times)

[teaboy2]

Re: advice on dismissal without warning please

Automatic unfair dismissal i believe - I.e they should have carried out a full investigation and disciplinary procedure inviting you to both the investigatory meeting and to any subsequent disciplinary meeting.

You may also have custom and practice on your side in regards to what you stated about them never making an issue of the way you contacted them to inform them of you would not be in work, when you were previously sick.

My advise is to write a letter of appeal informing them that they failed to carry out a grievance disciplinary procedure as per ACAS code of conduct. And as such, there actions may amount to Automatic Unfair Dismissal, in which their is no qualifying period to take the matter to employment tribunal. Advise them that as they never brought up any concerns they had with you regarding your communication with your employer to inform them you would not be available to work, due to sickness, either informally or informally, then they have no grounds to dismiss and have, in fact, breached your contract of employment as well as your right to not be unfairly dismissed. For which you are entitled to make a claim against them as a result of said breach of contract and unfair dismissal, if they refuse to remedy their breach and reinstate you with full back pay for the period in which you were not at work as a result of the breach of contract and attempt to unfairly dismiss you.

[Inca]

Re: advice on dismissal without warning please

Doesn't the fact that OP has been employed less than 2 years matter??

I'd ring ACAS for clarification on what rights OP actually has.

[teaboy2]

Re: advice on dismissal without warning please

Automatic Unfair Dismissal (Not to be confused with Unfair Dismissal) claims require no qualifying period - Question here is, is dismissal without disciplinary procedure as per ACAS Code of Conduct automatic unfair dismissal. Yes it is in my book! As you can not just dismiss someone without disciplinary as we all have the right to a fair and unbiased disciplinary.

Even if the OP could not take it to Tribunal (And given the cost of taking it to tribunal civil court action is best course to take) the fact remains that dismissal without a disciplinary procedure, amounts to a breach of contract and wrongful dismissal. And as such the OP can bring a claim to the civil courts for such breach of contract and wrongful dismissal and claim compensations (wages) for the time it would have taken the employer to carrying out the correct procedures had they followed them, and compensation for loss of wages in the event the court finds that if the employer had carried out the correct procedure they may likely have decided the dismissal was not the correct course of action to take, meaning the OP would still be in her job.

[Inca]

Re: advice on dismissal without warning please

Fair enough.....I appreciate you clarifying that Teaboy

I still think OP should garner advice from ACAS or A.N.OTHER UNION source. What little we know of OP's case is a bit vague re timelines etc
Perhaps OP could 'pad things out' a bit....dates/time etc off sick,,and what protocol he followed?

[teaboy2]

Re: advice on dismissal without warning please

I agree, seeking advice from ACAS and/or a unions would likely benefit the OP's father as well.

[MrClutch]

Re: advice on dismissal without warning please

Thank you very much for your replies guys, I am happy to pad things out (obviously I don't want to name the company etc)

I have had one previous time of absence for 3 days, each of the days i sent a text to head of HR as my manager was on long term illness leave (contacting HR is as i believe an acceptable form of communication.

My first day off of this period I sent a message to my superior (my actually boss was off work that day so the person i contacted is the second in command)

I heard nothing fom the company until the dismissal letter.

Two things confusion me guys is, 1, how do i know my contract has been breached given i don't have a contract and, 2, why would my father benefit from any of this?

thanks in advance

[Inca]

Re: advice on dismissal without warning please

I think Teaboy has posted about a different thread re Father......t'is easily done,,specially early morning

[MrClutch]

Re: advice on dismissal without warning please

haha no worries, i know the feeling regarding mornings

[teaboy2]

Re: advice on dismissal without warning please

I think Teaboy has posted about a different thread re Father......t'is easily done,,specially early morning

Lol your right. My Bad!

If they never gave you a contract, then that's a breach of the employments rights act 1996 as they are required to give you your contract (Written Statement of Employment Particulars) within 2 months of your start date.

[MrClutch]

Re: advice on dismissal without warning please

so a bit of stuff in my favour then. Basically I should start by writting to say I want to appeal? I don;t know what grounds my dismissal is on as it doesnt say on the letter, nor does it say i have right to appeal (obviously i know i can appeal)

[teaboy2]

Re: advice on dismissal without warning please

Keepo a copy of that letter as its evidence of there failure to follow disciplinary procedure as it should state clearly the reason for dismissal and that you have the right to appeal.

Start the letter of with what i put in my first post. Then add, that you have also been informed that they (The employer) are also in breach of the employment rights act 1996 for failing to provide you with your written statement of employment particulars.

On a side note - Do you have a copy of the company handbook, or was it accessible to your and other staff members at work, if not then how are or how were you to know what the company policy was when calling in sick? How were you to know if it was worded to Phone/Call your manager or HR etc. Or if it actually stated Contact your Manager or HR etc. Basically their is a clearly difference in the meaning of each word (Phone/Contact) Phone means to phone by telephone, where as contact simply means to communicate, which can be any form of communication such as email, text, written note or placing a sign up in manager/HRs office window.

Basically yes you do have a very good case here on, though my opinion is only based on what you have stated so far. And if everything you have stated is accurate, then your best option would be the civil court route for breach of contract and to claim loss earnings for the period it would have taken them to carry out an investigation and to correct follow the disciplinary procedure, and to claim for future potential earnings that you have now lost when it is likely you would not have lost said earning if they had followed correct procedures as you would likely have not been dismissed if they had followed the correct procedure.

[MrClutch]

Re: advice on dismissal without warning please

I have no copy of the hand book nor is one readily available at work.

On a side not, does the fact I sent an SC2 via the post (although I have no proof of postage or delivery) play any part.

Thank you so much for your help so far, it is very much appreciated

[CleverClogs]

Re: advice on dismissal without warning please

How do I know my contract has been breached given I don't have a contract?

Regardless of their apparent disdain for sections 1 to 7A (link) of the Employment Rights Act 1996, you nevertheless have an implied contract with those buggers.

[MrClutch]

Re: advice on dismissal without warning please

Thanks guys, I need to get my letter in this week before xmas but im a bit bogged under by the law as to what to actually say. Secondly who should i address the letter to? the person who dismissed me or the person above them?

Teaboy would it be ok to PM you a copy of the dismissal letter so you can see exactly what it says? Obviously I don't want to post it openly