Handed my notice in but now they are taking me to a disciplinary- Help needed

[teaboy2]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Finally received a response from my new employer confirming that is was infact the girl from my old employers HR that rang them . She was the one that told me no one had been in touch with my new employer. Had no response to my appeal letter. Does anyone have any suggestions as what to do next?

Right have you got that in writing from Ex New employer? If so, its time we got the ball rolling as you now have a rock solid case, as they simply can no longer deny that they did indeed contact your new employer. So you have breach of data protection act 1998, Slander, Harassment and unlawful dismissal.

Send a letter of formal grievance against the old employer regarding the above fact that they had indeed contacting the new employer. This will be secondary to your appeal, and they will have to comply with the grievance procedure too, even though you were dismissed. Also contact Acas and update them on the new revelation.


Edited - Browser playing up which made it look like lindalou had made a post when infact the post was on another page. So comments regarding that post have been removed from my reply as they are no longer relevant or in the interest of the thread - Though i bet any money i was right lol.

[teaboy2]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

I bloody well hope so!! I just need to know if there really is any point going to the appeal- If I am reinstated, how do I trust my employers again after all this, yet I am a mum of three kids that cannot afford to be without any income . I have contacted a few legal people this morning and awaiting their responses

If reinstated you can simply take the letter confirming your reinstatement to the new employer which woud simply cancel out their reason from terminating your employment. It would also be deemed unreasonable for them to expect a reference from the old employer when they are more than aware of the circumstances too, along with their own past involvement in the issue.

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Right have you got that in writing from Ex New employer? If so, its time we got the ball rolling as you now have a rock solid case, as they simply can no longer deny that they did indeed contact your new employer. So you have breach of data protection act 1998, Slander, Harassment and unlawful dismissal.

Send a letter of formal grievance against the old employer regarding the above fact that they had indeed contacting the new employer. This will be secondary to your appeal, and they will have to comply with the grievance procedure too, even though you were dismissed. Also contact Acas and update them on the new revelation.


Edited - Browser playing up which made it look like lindalou had made a post when infact the post was on another page. So comments regarding that post have been removed from my reply as they are no longer relevant or in the interest of the thread - Though i bet any money i was right lol.

I have it by email from my new employer that they were contacted by xxxx in my old HR but her lasy email to me states 'as stated I and no one else from the company, as far as I am aware, has called your employer'.

My colleague from work has just phoned me also to remind me that every month when we reconcile our purchasing card, we have to sign a declaration that the goods were bought solely for the use of YW. As I was off sick, I never reconciled my card and never signed any declaration.


Now I do need help- if Hr are saying they did not contact my new employer then how can I lodge a grievance- and who would I send grievance to?

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

just had email back from new employer as i had forwarded the email from my old hr denying they had contacted the new employer

'your email will be forwarded to our Company Solicitor and i will ask for our Solicitor to respond'

[teaboy2]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

just had email back from new employer as i had forwarded the email from my old hr denying they had contacted the new employer

'your email will be forwarded to our Company Solicitor and i will ask for our Solicitor to respond'

They are basically ****ting bricks now, hence why they have forwarded it to the solicitor, only higher management would authorise it being pasted onto the solicitors. In other words they know that you have a case against them and will try use the solicitor and the legal jargon he/she responds to you with as a way of limiting damage or hope it will put you off taking legal action against them. To be honest considering they have not yet heard your appeal amd surprised they have taken the step of involving the company solicitor so soon. If anything its a clear statement that they are really ****ting it.

The grievance should be made to the head of the HR department, and clearly stating the name of the HR personnel who is named as having contacted the new employer.

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

need help wording my grievance letter Teaboy2. Can you help?

[charitynjw]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

I'll bet a month's wages (that's £20 - but I'm worth every penny, lol) that the employer will have legal representation at the hearing, but will try to deny lfc similar assistance!

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

I'll bet a month's wages (that's £20 - but I'm worth every penny, lol) that the employer will have legal representation at the hearing, but will try to deny lfc similar assistance!

Great!!! is there anyway around that?

[teaboy2]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Yes it would go against them in court/tribunal. And would likely be seen as an attempt to prejudice you by attempting to exploit your assumed lack of legal knowledge, by holding a meeting with you with their legal representative there and not allowing you to have any legal representative at the meeting to advise you.

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

latest email from my new employer- bearing in mind the last one said I would be getting correspondence from company solicitor- bu this has come straight from hr

'Further to my earlier E mail we have now given you all the information
that you have requested.

You were employed in good faith. We were then informed that you had not
disclosed a pending disciplinary and you were not able to meet our
requirement of 2 satisfactory references.

As a result you are not an employee of xxxxxx and we consider that
to be an end to the matter insofar as we are concerned.

You are obviously free to continue to progress your complaint with
xxxxxx but we have merely reported what was said to us.

We do not intend to respond to any further correspondence'


I still need help draftting a letter to my old employers regarding a grievance if anyone can help?

[bluebottle]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Yes it would go against them in court/tribunal. And would likely be seen as an attempt to prejudice you by attempting to exploit your assumed lack of legal knowledge, by holding a meeting with you with their legal representative there and not allowing you to have any legal representative at the meeting to advise you.

I agree with you entirely, Teaboy. I cannot honestly see an ET having any truck with it. It may come to the point that the employer could be deemed not to have followed statutory procedures and if this is the case, any damages awarded could be increased by an ET.
------------------------------- merged -------------------------------

latest email from my new employer- bearing in mind the last one said I would be getting correspondence from company solicitor- bu this has come straight from hr

'Further to my earlier E mail we have now given you all the information
that you have requested.

You were employed in good faith. We were then informed that you had not
disclosed a pending disciplinary and you were not able to meet our
requirement of 2 satisfactory references.

As a result you are not an employee of xxxxxx and we consider that
to be an end to the matter insofar as we are concerned.

You are obviously free to continue to progress your complaint with
xxxxxx but we have merely reported what was said to us.

We do not intend to respond to any further correspondence'


I still need help draftting a letter to my old employers regarding a grievance if anyone can help?

This may well be good evidence of loss incurred as a result of harassment, as making false or malicious statements to another constitute "conduct amounting to harassment". Keep it safe and use it as evidence against your former employers and manager. If this goes to an ET/court hearing, make sure the judge sees it.

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

still need help with a grievance letter. Anyone??

[Celestine]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Teaboy!! :beagle:

Let's start from the basis of the letter I did a few posts back and have a play with it.

I'll PM Teaboy to come help.

[teaboy2]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Hi LFC

I have taken Celestines earlier letter she posted in the thread made some changes to reflect what we now know to be the case. Simply fill in the blanks etc

TO
FROM

DATE

Formal Grievance Letter and Appeal Letter

I am writing because I have been informed of YW’s decision to dismiss me and I wish to appeal that decision.

This situation is a dreadful shock to me and I would like to advise you of the situation from my point of view.

I handed in my resignation on XX January 2012; which was accepted by Human Resources, and I have an email (from XX) confirming that acceptance.

On XX January 2012, I received a letter from XX inviting me to attend a disciplinary meeting on the 25th January; which I was unable to attend as I had to go to a funeral (which had been booked as leave?).

I was then told by XX in HR, that I was been investigated for unauthorised use of the company credit card although I was not told what transaction/s had allegedly been made and therefore I requested a copy of the statement/s. XX advised me she would send me copies in the post, which to date I still have not received.

I had previously already asked XX if I needed to return to work to fulfil my notice but I was told I didn’t need to. I asked if I could take up new employment with immediate effect and was told I could by XX.

I started my new job this week and was extremely distressed to be told by my new employers on 2nd February 2012 that (Company Name) HR representative, named xxxxxx, had telephoned my new employers, and told them that as I failed to attend a disciplinary on 1st February I had been dismissed. I had not received any invitation to attend a disciplinary since that of the 25th January nor had I received any copies of the alleged transactions to date, that the company has accused me off.

On the 3rd February i received notice from my new employers that my employment contract has been terminated due to the allegations made in that telephone call from XX an member of your company HR department.

This news is devastating to me and I am now determined to ensure that this appalling treatment and breach of many fundamental employment laws will be rectified fully and that appropriate compensation for loss of income, that i would not have incurred had it not been for that telephone call from xxxx to my new employers HR department. The phone call to my new employers HR department, could, if found that i was not responsible for transaction or that the allegations are false, be deemed as a clear case of slander, for which i may take legal action over.

I wrote a letter to xx dated 27th Jan advising him that I could have potentially used the card in error, as I opened a new Nat West account in November 2011 and my personal debit card was very similar in appearance to the credit card and the pin numbers were the same. I advised XX that if that proved to be the case then I would of course repay any amount due.

However, on the XX/XX/XX your HR department forwarded me my dismissal letter and it says one of the reasons was ‘attempts to conceal the above activity on the YW procurement card by linking a new email account to the PayPal account linked to the card’. I can find no evidence of this occurring and I am convinced that any discrepancies can be innocently explained. You also have failed to take into account that the whole team has my company card details, which means anyone with those details (which the company requires them to have for work purposes) could have been just as likely responsible for the alleged transaction. So i fail to see what evidence if any links me to any such transaction, and i feel that the company has not properly investigated the issue or followed proper disciplinary procedures or has any solid evidence that i was either responisble or that the transaction was not made as part of an honest mistake. Again i remind you that the requested evidence still has not been seen or received by myself.

I am also aware of another instance of a staff member mistakenly using a company credit card to purchase personal items. That employee was not disciplined in any way. Therefore by not disciplining them, and allowing them to pay back what they owed, then you have committed an act of discrimination by treating myself differently to that of the other staff member accused of the same, even though i had offered in my letter dated xx/xx/xx, that if i was responsible for any such transaction that i would repay the full amount. But until i see the evidence i have no idea what the transaction was for or if i was responsible for it in anyway.


So I am appealing on the dismissal for the following reasons:

• I cannot attend a disciplinary hearing that I was not informed about.
• Disciplinary procedures have not been followed correctly. (OTHERS ADVISE PLS) which, how?)

• I have not been sent the documentation regarding the transactions as requested concerning the alleged usage of the procurement card. This has prevented me from defending myself

• A colleague made exactly the same mistake as I am now accused of yet did not face any disciplinary action.

I am also making a formal Grievance on the following grounds

• Breach of data protection by HR representative, amounting to possible slander and resulting in the loss of my new employment.
• Company failed to follow proper statutory disciplinary procedure by holding the meeting without myself being present and for failing to notify myself of such meeting.
• Failing to produce on my request any evidence relating to the alleged transaction.
• Taking disciplinary action against myself when another employee who did commit the same act, was allowed to repay the amount owed and no disciplinary action was taken against them as a result, which clearly discriminates me as you have clearly treated me differently to that of the other employee.
• Unfair dismissal and unreasonable course of action - Given i had already resigned prior to these allegations coming to light, it is likely a tribunal will find your decision to take disciplinary action against me not only as discrimination, but also as completely unreasonable. Especially when you were more than aware that i would be at work for my new employer and when you had failed to even notify me there was to be a disciplinary meeting on that day.
• Bullying and harassment from manager, i had reported this to the HR department before, though decided not to issue a grievance, but as i suspect the manager may have a part in this whole allegation against me, likely out of spite. Then i now wish to raise the issue of the managers bullying and harassment of myself in the work place.

I feel I have been treated unfairly and have done so since I had cause to complain about my Manager (XXX) to her Manager last year following a public outburst. She has made my working life extremely difficult and hostile ever since. She was largely responsible for the onset of my depression.


I am also well aware of the Wakefield Employment Tribunal claim in which an award of £4.4 million was granted to the claimant for Harassment and Unfair Dismissal and I will be using this to back up my claim to the Employment Tribunal if you do not withdraw the Unfair Dismissal and apologise in writing and also contact my new employer informing them that you had unfairly dismissed me. Though it is now unlikely this will remedy the damage already done by your companies actions.

As my new employer has terminated my contract as a result of your Unfair Dismissal I will also be pursuing you via either Employment Tribunal or Civil Court for Breach of Protection from Harassment Act 1997, Breach of the Data Protection Act 1998, Slander and Defamation as a result of your HR department contacting my new place of work leading to the termination of my employment with my that new employer, as well as for financial detriment suffered as a result of loss of wages which would be equal to the wages I would have received between now and retirement age with annual increases wage/salary taken into account.

I now, for a second time, formally request copies of all financial statements pertaining to the alleged irregularities. I also request a full copy of my employee file.

I am currently seeking legal advice and I put you on notice of contact from my solicitors.

Yours sincerely


XXXX

Read more at: Handed my notice in but now they are taking me to a disciplinary- Help needed - Page 4 - Legal Beagles Consumer Forum

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Thanks Teaboy- I have my appeal on Weds and today I have been to see a solicitor.He said that firstly I cannot claim against my new emplyer as they are within their rights to remination my employment as the reason the quoted was failure to disclose a pending disciplinary and not able to meet the requirements of 2 satisfactory references.

He suggested I attend the appeal and ask them why on earth are we even having this appeal when I had already resigned and you had accepted my resignation. He then said I needed to look to negotiate with them- either by been reinstated, or agreeing on an acceptable reference with compensation and failing that telling them I will be going to ET for unfair dismissal for defamation. to date still not received any copies of said transaction(s) so when i go into the appeal on Weds I still am not going to be able to confirm or deny if the transaction(s) was mine or not!!. so have held off sending the above letter from Teaboy just yet. It was a free half hour consultation I had and whilst he was happy to send me a letter to my old employer it would cost me but if after Weds and the appeal isn't successful he would go down the ET route on a no win no fee basis. What are everyone else's thoughts?