Help!!! with a unfair dismissal

[nrsjbor]

Re: Help!!! with a unfair dismissal

ok just been told that i will not be getting 25% on pay on friday and been disrespected again. so i am currently out of work so is my partner who do i need to speak to take this company to court and are there any solicitors who would take this case on no win no fee basis as i got no money to take them to court

[teaboy2]

Re: Help!!! with a unfair dismissal

Ok, Keep Acas up to date with all the new developments as well as ourselves.

Did you send in a new grievance letter? And have you been in contact with HMRC as yet?

I'll be going over the recordings i have from you, at the weekend and will post up some more advice for you then and info on what steps to take. But for the time being we shall let them continue with the so called disciplinary to see where it leads. Basically they are hanging themselves, in fact they already have. So they screwed even if they do not take any further action or give you any formal warnings or dismiss you at the end of it - Not that you can be dismissed twice anyway!

You may want to write to them that further to the investigatory meeting held on XX/XX/XX where you were informed that your initial dismissal on the night of the incident dated XX/XX/XX was being rescinded by L - That L is not under laws of estoppel allowed to rescind such decision, act or statement regarding your employment status, and had therefore Sacked you without notice and without any form of disciplinary procedure.

It is also clear that L is only now rescinding his decision to dismiss you on the XX/XX/XX upon realising he made a grave error and gross breach of your employment rights/contract (said contract has, in fact, developed into a full time contracted based on varied hours as per a weekly rota), hence why he is now back tracking and started disciplinary procedures against yourself, despite you being the victim of R's aggressive language and abusive and offensive language towards you - Which actually amounts to harassment and bullying in the workplace.

L was also a witness to said incident so should not even be involved in the investigation in order to maintain an unbiased and independent investigation. Therefore the current disciplinary procedures against you are nothing but a farcical attempt to cover up for your dismissal without notice.

However you shall continue to attend meetings but will be doing so under the understanding that your employment was terminated on the date of the incident XX/XX/XX and you have not nor do your agree to the reinstatement of your employment contract just because L thinks he can turn back time and rescind your dismissal.

I shall provide another letter for other issues (including wages) at the weekend. But send the above in along with your updated grievance letter or as part of it. Though read through and format it so it appears it was written by you and refers to you etc.

[nrsjbor]

Re: Help!!! with a unfair dismissal

hello all

i texted boss today to ask if when can i collect my 25% off wages i got this reply "nick i would like to invite you in for your follow up meeting tomorrow at 11 so i can sort you out some cash at the same time. i am highly annoyed i have re wrote my grievence and put it up for your approval. i am scanning on my contract now and teaboy i will send you link for that. my boss is very snake like in my last meeting he kept trying to trip me up and twist my words so i would like to know of questions and actions i should take into this meeting with me to be prepared


Grievance(s) disciplinary action

In accordance with the Employment Act 2002 (Dispute Resolution) Regulations 2004, I am writing to you with regard to the following:
I would like to raise grievances with regard to the following:
l Zero hour contracts are only to be used where you need to cover staff at short notice as and when the business needs, they are not meant to be used to employ staff of a regular basis like myself who was been doing 30-35 a week since February. Before then i had been doing 20 hours or less since November 2010.
l Also zero hour contracts mean an employer can give you hours at any time, once they offer you those hours and you accept them they have entered a verbal contract with you to give you those hours, they can not rescind those hours without your mutual consent. Unlike what you said to me in the investigatory meeting where you said you take peoples hours without notice or make them finish early because you don't need them.
l I was told, not to come to meeting on the 30/09/13 regarding pay where you agreed with everyone else that you would pay 25% on 04/10/13 and then another 25% the following Friday and so on till the end of the month till 25/10/13 where September's monies owed is paid off. I did not agree to this nor do i find it acceptable. My contract states
" the company shall pay the employee at the rate of £6.19 per hour per worked.
This is payable monthly on last working day of the month, by direct credit transfer to a bank or building society account notified by you. " By you not honoring this part of my contract you have breached my contract.
l When i said i had not been paid on Friday via text message i said that aswell as monies owed for September i would also like to be paid for the work i commenced before my dismissal, dates from 23/10/13 to the 27/10/13. And when i pointed out that staff cant keep working like this was told to mind my manners.
l On 04/10/13 my 25% was not available and was told that most money will be paid cash on 07/10/13. On 07/10/13 you tell me to come in for a meeting regarding disciplinary and sort some cash out at the same time
l I do not belive that you should not be running this investigation due to to the nature and that fact that you are a witness in the event. So therefore the person leading the investigation should be a person that has an unbiased opinion.
l I was dismissed by a person from senior management who was under the influence of alcohol and that was working.
l Before the investigation i was never informed via letter telling me about the investigatory meeting. Giving me enough notice to prepare myself and gather all information and evidence together.
l I was never informed i was suspended pending a investigation, as i still believed i was dismissed up until the meeting begun investigation
l further to the investigatory meeting held on 01/10/13 where you were informed that your initial dismissal on the night of the incident dated 27/09/13 was being rescinded by yourself. That under laws of estoppel you are not allowed to rescind such decision, act or statement regarding my employment status, and had therefore Sacked me without notice and without any form of disciplinary procedure. I therefore request that you send me P45.

I understand that you will arrange an appeal meeting with me to discuss all these points. I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative.
Please reply no later than 7 days of the date of this letter.
Yours sincerely
Nicky Ross



Signed …………………………………….

[teaboy2]

Re: Help!!! with a unfair dismissal

Hi nrsjbor

Sorry a been a way a while, opening a new business so my time has been fully taken up recently. Has there been any further developments since your last post?

[nrsjbor]

Re: Help!!! with a unfair dismissal

yes at my last meeting i was told that i will be recieving a written warning and i recorded the meeting. they have been paying me but i still not recieved my p45 yet

[teaboy2]

Re: Help!!! with a unfair dismissal

So your being given a written warning for being the victim of what actually amounts to bullying in the workplace, not to mention the fact they have unlawfully withheld your wages?