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My question about unfair dismissal
Wednesday dec 4 at 11am call in office by the transport manager and I was told that a was going to get a verbal warning about a burn hole in the seat of a company vehicle and leaving it in a mess.
I was also accused of smoking in the van,
Did not respond I accepted the verbal Warning and signed it.
Bottom of verbal warning which the transport manager and I signed.
Please ensure that the colleague is aware of the following:
You have decided not to proceed will! Formal disciplinary action on this occasion, however, this informal Verbal Warning is to be treated as confirmation that you have discussed your concerns with them and that they are expected to make every effort to address the shortcomings that have been identified,
• It is not intended to be a formal warr1ing; however, it will be kept on their personnel file and thus takes the form of what a reasonable written management instruction,
• Should there be any repeat of this conduct, or indeed any misconduct In general they may be subject to formal disciplinary action.
Thursday dec 5 10.30 signed in
Work college says thought you was sacked
I replied sorry? He said everybody is talking about it.
Went to see the transport manager and ask him if I was sacked
He replied I sent verbal Warning to HR they did not a accept it.
He said that he has to do an investigation.
Friday 6 December 17.30 was called into office
By the transport manager
Was informed that this was an investigation meeting
Was asked a few questions I replied took about 10 min
I read it and made any corrections and signed it.
At that moment I was given a letter accusing me of smoking in a company vehicle( gross misconduct ) andrequiring me to attend a disciplinary meeting On Monday the 9th of December and it would be chaired by the operation manager.
It clearly states accused of smoking in a company vehicle and no more.
And that I was suspended from work as from now.
No documents of any kind given with letter
To me with the fact that my work mates was already talking about the fact that I was sacked seems that the management had already made up their mind about the outcome of the disciplinary meeting
Monday 9 December 08.30 handed a letter to operation manager explaining that I was unable to attend the disciplinary hearing held today at 13.00
due to the fact there is no investigation or witness documents.
Phoned HR at this point to inform them and that I need to see any doc that may be available regarding the hearing, And that I needed a few days to read the docs and make a appointment with cab if need be.
Tuesday 10th 9.30 received docs .
the operation manager had taken a statement from the transport manager at 09.00 on the 9th 30 min’s after I requested written evidence.
I read the statement and the disciplinary policy and realized that the operation manager was running the meeting ,
12.00 I call HR to inform them that due to the fact that the operation manager was now part of the investigating team and under 2.2.6 or their disciplinary policy that the operation manager could not now chair the meeting.
15.00 a call from HR saying that operation manager (from different depot) is now chairing the meeting,
12th December attended disciplinary meeting.
Stated my case and won the case of smoking in van.
Now i was told the meeting had changed and I was told it is now about the burn hole in seat.
Can they do that?
Thought this meeting was about smoking in the van.
Ask me if I wanted to carry on I replied might as well
I was dismissed for misconduct for accidentally burning hole in seat.
Have been with company 2 ˝ years with no problems until nov this year
I must point out that a have a first and final written warning for a health and safety issue on the 1st of nov (the trailer that I was towing turned over.)
Now the fact that they moved the goal post to the hole in the seat
after I was found not to have smoked in the vehicle confirms
that they indeed don’t want me to work there anymore.
My question is the way they handled the meeting (moving the goalpost) would you say that it was unfair dismissal
I was also accused of smoking in the van,
Did not respond I accepted the verbal Warning and signed it.
Bottom of verbal warning which the transport manager and I signed.
Please ensure that the colleague is aware of the following:
You have decided not to proceed will! Formal disciplinary action on this occasion, however, this informal Verbal Warning is to be treated as confirmation that you have discussed your concerns with them and that they are expected to make every effort to address the shortcomings that have been identified,
• It is not intended to be a formal warr1ing; however, it will be kept on their personnel file and thus takes the form of what a reasonable written management instruction,
• Should there be any repeat of this conduct, or indeed any misconduct In general they may be subject to formal disciplinary action.
Thursday dec 5 10.30 signed in
Work college says thought you was sacked
I replied sorry? He said everybody is talking about it.
Went to see the transport manager and ask him if I was sacked
He replied I sent verbal Warning to HR they did not a accept it.
He said that he has to do an investigation.
Friday 6 December 17.30 was called into office
By the transport manager
Was informed that this was an investigation meeting
Was asked a few questions I replied took about 10 min
I read it and made any corrections and signed it.
At that moment I was given a letter accusing me of smoking in a company vehicle( gross misconduct ) andrequiring me to attend a disciplinary meeting On Monday the 9th of December and it would be chaired by the operation manager.
It clearly states accused of smoking in a company vehicle and no more.
And that I was suspended from work as from now.
No documents of any kind given with letter
To me with the fact that my work mates was already talking about the fact that I was sacked seems that the management had already made up their mind about the outcome of the disciplinary meeting
Monday 9 December 08.30 handed a letter to operation manager explaining that I was unable to attend the disciplinary hearing held today at 13.00
due to the fact there is no investigation or witness documents.
Phoned HR at this point to inform them and that I need to see any doc that may be available regarding the hearing, And that I needed a few days to read the docs and make a appointment with cab if need be.
Tuesday 10th 9.30 received docs .
the operation manager had taken a statement from the transport manager at 09.00 on the 9th 30 min’s after I requested written evidence.
I read the statement and the disciplinary policy and realized that the operation manager was running the meeting ,
12.00 I call HR to inform them that due to the fact that the operation manager was now part of the investigating team and under 2.2.6 or their disciplinary policy that the operation manager could not now chair the meeting.
15.00 a call from HR saying that operation manager (from different depot) is now chairing the meeting,
12th December attended disciplinary meeting.
Stated my case and won the case of smoking in van.
Now i was told the meeting had changed and I was told it is now about the burn hole in seat.
Can they do that?
Thought this meeting was about smoking in the van.
Ask me if I wanted to carry on I replied might as well
I was dismissed for misconduct for accidentally burning hole in seat.
Have been with company 2 ˝ years with no problems until nov this year
I must point out that a have a first and final written warning for a health and safety issue on the 1st of nov (the trailer that I was towing turned over.)
Now the fact that they moved the goal post to the hole in the seat
after I was found not to have smoked in the vehicle confirms
that they indeed don’t want me to work there anymore.
My question is the way they handled the meeting (moving the goalpost) would you say that it was unfair dismissal
to Legal Beagles.
by doing so 
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