Questions about breakdown of Trust and Confidence between employee and employer.

[Eric Sson]

I am asking for reinstatement but the company will no doubt fight this by stating breakdown of trust and confidence between employee and employer. My boss was not the company, he only worked for them as I did and my line manager. Since my dismissal the boss has moved to manage a different site within the company and the line manager has left the company.

If there was a breakdown of trust and confidence between me and the line manager, would that be seen as a breakdown between employee and employer?

If said line manager then left the company, would that breakdown still exist if I wanted reinstatement?

If there was a breakdown of trust and confidence between me and the main manager, would that be seen as a breakdown between employee and employer?

If said manager then transferred to manage another site and a new manager was brought in to the site I worked at, would a breakdown with original manager have an effect on my chances of reinstatement?

My thinking is that any breakdown of trust and confidence was with certain people who no longer work at the site I worked at, and not with the company. But Im not sure if a tribunal will see it that way.

[charitynjw]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

Hi Eric Sson

What did you do/what was the reason for the breakdown in trust, etc?

Was there a compliant disciplinary procedure carried out:

[Eric Sson]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

The breakdown of trust and confidence arises from the way they conducted the investigation and disciplinary. They exaggerated issues, lied, did not follow company procedure then did exactly the same at appeal. The people who did this no longer work at the site I want to return to. They broke the trust and confidence but I am worried they will use that to stop any reinstatement.

[mariefab]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

Did you resign?

[Eric Sson]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

I was sacked. Its going to tribunal. We are likely to win. I am now trying to prepare for anything they might say to stop reinstatement. From what I have read, a dismissal causes a breakdown of trust and confidence and employers use that as reason not to take someone back. But if the people who did this are no longer at that site I was employed at, I don't know if that excuse would stand up as there would not be any broken trust of confidence with the new manager or line manager as ive never met them.

[mariefab]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

If you were sacked because of what they claimed was your misconduct, the breakdown of trust and confidence is seen as caused by your breach.
The people who conducted the disciplinary and appeal didn't act in a personal capacity they represented the employer.

If you can show that your alleged actions did not amount to a fundamental breach or that you didn't do what you were accused of; that could open the door to reinstatement, especially if those involved in dismissing you are no longer employed by the Company.

[charitynjw]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

The breakdown of trust and confidence arises from the way they conducted the investigation and disciplinary. They exaggerated issues, lied, did not follow company procedure then did exactly the same at appeal. The people who did this no longer work at the site I want to return to. They broke the trust and confidence but I am worried they will use that to stop any reinstatement.

Automatically unfair?
[MENTION=26290]mariefab[/MENTION]

[Eric Sson]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

I was sacked for what they claimed was misconduct but they admitted I did not breach anything. They even worded the reason for dismissal as 'could have led to a breach of'. The disciplinary rules state you have to breach a rule to be disciplined, it says nothing about actions that could lead to a breach. Everything we did could have led to a breach if you turned left instead of right. They wanted me out and just went through the motions of a disciplinary procedure to make it look like they were following the law. Im not worried about the case because our case is better than good, im just thinking ahead at anything they may try.

[mariefab]

Re: Questions about breakdown of Trust and Confidence between employee and employer.

So, both a procedurally (rather than automatically) and a substantively unfair dismissal.
If the Tribunal finds in your favour and the employer refuses reinstatement the Tribunal can make an additonal compensatory award of 26-52 weeks pay.