i feel it was unfair, but i am aware that that doesn't mean it was against the law.

[backhere]

I have been dismissed from my current job for gross misconduct, I requested to come on disciplinary zoom call, which it was told to that a work colleague had raised a grievance about me, in regards to messages that were sent in a personal group chat on WhatsApp during COVID 19 4 months ago while I was furloughed from work. they claim to have screenshots of the text but the group has been deleted.
I did not send the messages, and I was first made aware of them on the zoom call, I was told the messages were racist and abusive and threatening. I told them, I didn't send these messages, and they claimed I was being dishonest and that is gross misconduct
I am unsure if they can legally do this although it is unfair and how would I fight it? I know about the tribunal for emplotment and I know I about acas.I have requested an appeal and the same outcome was presented, this is their agenda and I didn't expect it change
I have tried to fill ET1 form and I am unsure if this is unfair dismissal or wrongful dismissal, I currently don't have a job and can't afford a lawyer, any advise, all be it relevant is greatly appreciated

[ULA]

Firstly how long have you been employed at the company?

If for more than two years can you provide details of the events that led up to the zoom call. Were you sent a letter or email with details of the allegations, the evidence such as the screen shots of the WhatsApp conversations and any other evidence the company was relying, were you told the outcome could be dismissal and given the right to be accompanied? Also how much notice were you given of the meeting?

[backhere]

EVIDENCE 1_20200902-174151 copy.pdf EVIDENCE 2_20200902-174158.jpg.pdf Hi

nothing happened leading up to the zoom call it was out of the blue, I was made temporarily redundant from the company and made go on the government's scheme, then during my time off work, they contacted me and asked if I could attend the call, and on that call is when they said to me a colleague had raised a grievance about me, and the company said they posted the evidence to my old address. I haven't lived there in years but I went there and the lady said she didn't receive anything. , although on the zoom call they showed me the evidence through the camera and it was just screenshots of a txt dialogue and it said my name as one contact and my colleague name as the other. then I was taken to the office for a disciplinary meeting, and they asked me if I wanted to see the texts, which I declined as I had made my statement, I didn't send the texts so it would not make difference to me, although I did request them sent to my inbox as I would need them when I gain legal advice. after this i was sent a dismissal letter, I appealed it they said they are keeping to the same outcome, I have already talked to acas and started the procedure for the tribunal.

This is the evidence attached below it is almost laughable, I didn't send these and it only states my name in the text which anyone can do, I could change the names to COVID19 and the pope of Rome. and they are not authentic they are pictures of a screenshot, which are obviously manufactured

[backhere]

i have worked there 4 years in February 2021

[ULA]

Thanks for the details on length of service which confirms you have more than 2 years service.

Can you confirm how long it is since you were dismissed?

Wrongful dismissal is for a breach of contract by the employer for example they have not given you the correct notice to dismiss. If you are claiming they have not followed a fair process to dismiss you then that would be unfair dismissal.

[Aged William]

If the OP is adamant that s/he did not send the relevant message(s) then I suggest they challenge the evidence.

Although a screenshot can be maniuplated with a bit of time, effort and some cut-and-paste, it is not possible, as far as I know, to alter the name of the contact on the actual WhatsApp Chat screen.

But as the OP states, it is possible to name a phone's contact anything one likes so it's the contact's number that will provide the definitive answer to who sent the message(s).

The OP may wish to consider requesting the complainant to allow an examination of their phone, viz:

• If one clicks on the OP's name in the Chat screen, a pop-up appears offering options to 'message, voice call or video call' the contact.

• Clicking on the 'message' option opens a new screen.

• Clicking on the three dots at the top right of this new screen offers the option to 'view contact'

• Clicking on 'view contact' will reveal the number used to send the message(s) as well as other potentially relevant information.


ETA. It may be worthwhile also doing this process with the phones belonging to other members of the same WhatsApp group to validate the results.