😞 sacked looking for help as I don’t think what that did was legal

[CocoBean19]

Hey all I’m new to this sight after being dismissed from my job today so need some advice from you guys xxxx

[atticus]

Then please explain the position...

[echat11]

Hi cocobean19

How long did you work for the company?

Can you provide a summary of exactly what happened?

[CocoBean19]

Hey thanks for your reply!! So I’ve worked for the company for 7 months within 3 days I was a key holder and opening the store, I was promoted a week later and all has been fine they are very happy with my work as our the customers. 2 months ago we got a new assistant manager who I had to end up reporting to my manager who told his area manager for her unwanted advances and sexual comments.. since then I have been targeted and sadly today I found an email she had left open reporting me for giving free drinks which I do but so do all of us and this has been going on for 2 weeks but nobody has said anything just all being done behind my back yet still asking me to cover her shifts etc etc.

I brought it up with my manager today and asked if he wanted to talk about anything he said no do you I said yes and told him what I had seen and he replied with oh!!! An hour later I get a letter I have to read from his laptop that he can’t print of saying I have a disciplinary hearing at 11.45 the time was 11.30…. I said by law I have to have someone with me he said yes that was fine I very regular customer was in the store and she came with me…..to be then told he had got an email to say it had to be a work member or a member of the TU my friend told me and him that if that’s the case you can postpone it till I have the right member to accompany me I was told no it had to go ahead right now we debated this for a few minutes my friend left we went through the points I totally agreed to it all again saying we all do you do she does they even take food and packaged drinks we do have to pay.

No warning no written warning Instant dismal and asked to leave the building my manager was actually in tears as he didn’t agree but had to do what he was told. I have had no warnings at all since I have been with the company HELP!!!!

[echat11]

You could add spaces and punctuation, full stops etc, it's difficult to read.

Is the branch part of a large company? Have you contacted the Union?

[CocoBean19]

Sorry, I’m a bit stressed and upset right now!! Yes they are part of a very large company and how to I get in touch with the union? Thank you.

[echat11]

Sorry, I’m a bit stressed and upset right now!! Yes they are part of a very large company and how to I get in touch with the union? Thank you.

Are you a member of a Union?
The best thing to do now, is do something to take your mind of things (de-stress yourself), watch some TV, listen to music etc.

ULA can you please take look.

[dslippy]

Less than two years' employment - no claim for unfair dismissal.

[ULA]

Sorry to hear about your situation and I can appreciate how upsetting this must be for you.

There are two issues here one is the disciplinary process or lack of it and secondly there is your length of service.

On the first issue the company should have either complied with their own disciplinary procedure and being a large organisation, I would expect them to have one. This as a minimum should should be in line with the ACAS guidance. This requires you to be given details of the meeting, in writing, what the allegations are and any evidence the company will rely on, the right to be accompanied, which is either a colleague or union rep and allow you adequate time to prepare for the meeting. So from what you have said, other than you seeing a letter on a laptop, nothing else has been complied with.

What should now happen is that the outcome confirming your dismissal should be sent to you in writing and you be given the right to appeal.

Having said all of the above, the issue is your length of service which is under two years. This means you can be "fairly" dismissed and unless you can proves discrimination or a small number of other criteria, there is little opportunity to take this further by making an Employment Tribunal claim for unfair dismissal against your employer.

I would suggest that you appeal the decision to dismiss based on your good work record to date and the inconsistency in the way you have been dismissed, whilst other employees doing the same thing have not faced the same consequence. You may manage to get a lesser level of disciplinary action.

[CocoBean19]

That was really helpful thank you.
I did receive an email later this afternoon stating my dismal and
that if I wish wished to dispute I had 5 days to do so to the area
manager.
I emailed back and thanked my boss and asked for the letter
regarding my meeting and the area managers email address to be
forwarded to my email.
I later text my ex boss to thank him for all he has taught me and
for the fun I've had working with him, he text me back and said he
will miss me followed by the area manager had told him to to reply
to my email and if I had anything to say to go straight to their
solicitor!!!
I did report the assistant manager for sexual harassment to my
boss who then reported it to the area manager, he came down
and interviewed us both so that should be on file.
Also a few times I went to my manager saying how uncomfortable
I was feeling, when we are on the same shifts as she never says
hello and I never know what mood I will be getting when she
comes even though she is fine with other team members, that was
never taken any further either. I was told I was being too sensitive.
This was very much I feel set up by her.
I don't want my job back but I still feel that something is not right
with the lines they followed, especially now I can't even appeal??
THanks for reading

[CocoBean19]

Also sorry while I remember and I know it’s late but if they knew they were doing this why was I sent my rota for next week and why was I allowed to continue to open the store on my own till I was met with another staff member an hour and a half after my shifts start that’s all wrong as well??

[ULA]

I cannot comment on some of what you have said in terms of why the company sent you your shift rota for last week and allowing you to open up the store. All I can set out for you is the process for carrying out a disciplinary and the issue around your length of service.

The only other question I have is whether (and I appreciate this may be difficult to find out now) assuming this large organisation has a disciplinary procedure it stated whether this was to be followed for all staff regardless of length of service? I am not hopefully even if you have a copy it would say this but some companies do provide for a shortened version of the disciplinary process for staff either on probationary period or under 2 years service.
Even if they do have something in place all this would do would add to the grounds of the appeal you can make for your dismissal.

From what you have said you have been given the right to appeal, so you need to decide whether you want to go ahead and do that. I guess it depends on if they offer a lesser disciplinary action and your job back would this be what you want? If not then it will be a case of drawing a line under this experience and start the process of finding a new job