Resolved Question
Question about unfair dismissal?
Hi ive worked for this company just over a year now, i have been signed of with depression for about 3months now. A month and a half ago i sent them a new sick note, which They claimed didn't reach them, so i sent in another copy. I heard nothing from them so i rang up my head office, and no one was free. so i left it and assumed they had got it. Come paypay, nothing in the bank. So i tried to ring my HR manager and she was busy. I rang her 12 times that day (I have my phone bill to prove it) and still couldn't get through, and she never returned my calls. So i still haven't been paid. Ive had a letter come through this morning, telling me i have to go to some sort of meeting, LAST FRIDAY. And that i am up for gross misconduct, as i have apparently not returned their calls, failed to sent in any form of sick note, and breech of trust. The breech of trust thing is about face book, basically someone who i worked with has taken a photo of my profile, showing what i had been doing on there, and recent activity) Surely if im ill i can still browse the internet, and how is this breech of trust? I haven't heard anything since about the meeting last friday, but im guessing my p45 is in the post. Does this class as unfair dismissal?
Sorry for the long description, thanks
Sorry for the long description, thanks
Best Answer - Chosen by Asker
If you've been working there for less than 2 years, they can sack you at will, provided they don't discriminate on race, religion, nationality, sexual orientation or disability.
It sounds as though your ex-employer has a disciplinary procedure and they haven't stuck to it. Forget telephone calls, they are a waste of time. Write a letter to the head of HR, and send a copy of it to the Company Secretary, making the following points:
1) You have been on sick leave. You have been sending medical certificates (give the dates on which you sent them). While you appreciate that letters occasionally are lost in the post, their failure to act on any of them suggests a systematic failure.
2) You have made every effort to return their calls, but on each occasion your HR manager (give the name) was "busy" and failed to return your call.
3) You have received their letter - give the date of the letter, the date of the postmark on the envelope and the date you received it. You were unable to attend the meeting because the letter arrived after the date of the meeting and you were on sick leave.
3) You refute any allegations of gross misconduct. The loss of your medical certificates and lack of communication has been entirely due to the failure of systems and individuals in the HR department. There has also been an allegation that your home use of the internet somehow constitutes a breach of trust. This allegation is unfounded and illegal.
4) It has been your intention to return to work as soon as your doctor says you are fit. The attempts to discipline and dismiss you in your absence are clear breach of your service contract.
5) You are owed salary of £... You require from them immediate payment of all outstanding salary. You also require an apology, a withdrawal of all disciplinary action and an assurance that your job will be available to you when your doctor says you are fit to return. If they insist on terminating your contract unilaterally, you will require appropriate compensation for loss of office.
6) Unless you receive a satisfactory reply with 14 days, you will start legal action against the firm without further notice.
That should be enough to get your back pay. Anything else you get out of it is a bonus.
It sounds as though your ex-employer has a disciplinary procedure and they haven't stuck to it. Forget telephone calls, they are a waste of time. Write a letter to the head of HR, and send a copy of it to the Company Secretary, making the following points:
1) You have been on sick leave. You have been sending medical certificates (give the dates on which you sent them). While you appreciate that letters occasionally are lost in the post, their failure to act on any of them suggests a systematic failure.
2) You have made every effort to return their calls, but on each occasion your HR manager (give the name) was "busy" and failed to return your call.
3) You have received their letter - give the date of the letter, the date of the postmark on the envelope and the date you received it. You were unable to attend the meeting because the letter arrived after the date of the meeting and you were on sick leave.
3) You refute any allegations of gross misconduct. The loss of your medical certificates and lack of communication has been entirely due to the failure of systems and individuals in the HR department. There has also been an allegation that your home use of the internet somehow constitutes a breach of trust. This allegation is unfounded and illegal.
4) It has been your intention to return to work as soon as your doctor says you are fit. The attempts to discipline and dismiss you in your absence are clear breach of your service contract.
5) You are owed salary of £... You require from them immediate payment of all outstanding salary. You also require an apology, a withdrawal of all disciplinary action and an assurance that your job will be available to you when your doctor says you are fit to return. If they insist on terminating your contract unilaterally, you will require appropriate compensation for loss of office.
6) Unless you receive a satisfactory reply with 14 days, you will start legal action against the firm without further notice.
That should be enough to get your back pay. Anything else you get out of it is a bonus.
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Other Answers (5)
- You could ask for a meeting with them. What date was on the letter and what was the postage date? There has been a postal strike. They should give you adequate notice. How come the phone calls show up on your phone bill if you could not get through? Wait for the letter from them and if not happy with the reasons tell them you want another meeting.
Sorry but if you have been off for 3 months they most probably want to replace you. - Myself I contend that letters are good, assuming they are written utilising good grammar and spelling (always use a spill chucker!). You can obtain some good tips for writing letters by learning from the website in the box below, it's got a lot of alternative stuff about job searching aswell.
Source(s):
- Your letter should show you have the right to appeal their decision, you should exercise this and explain that you have tried to contact them and they should give you a fair hearing. The outcome may still be dismissal though but at least you get a chance to defend yourself.
The other option is to contact ACAS and ask them to arbitrate for you. If they haven't offered you the right to appeal then it automatically becomes unfair dismissal. Its quite hazy the area around sicknotes but depression is covered under the DDA so you then have a good case for discrimination. I would avoid tribunals if you can achieve a good outcome via concilliation.Source(s):
- Can I just say that being off work with depression was how I discovered
Yahoo answers, and it was part of my healing process as I had something to focus on and stimulate my brain cells
Unless you brought your company into disrepute on face-book
I think they have acted appallingly
You've got a sick LINE in,as you should, and that's what is required,not someone wasting time checking your personal online activity
They have over-stepped the mark here
What they say you have done, isn't gross misconduct anyway
Maybe check your Contract of Employment and seek advice from ACAS - Old Know it all is incorrect, with over a year's service, you do have full employment rights.
The meeting you were called to was a first stage disciplinary meeting but obviously as you did not receive the letter, you couldn't attend. In your absence they will have had the meeting and come to a decision. Assuming they have decided to sack you, you do have the right of appeal. ACAS will tell you all this if you ring their helpline.
I can't tell you the rights and wrongs of your case because I'm not there, but you do have a right to be heard. I suggest you send a recorded delivery letter saying that you only just received the letter re the meeting and asking for the first stage meeting to be held again. You have the right to be accompanied at this meeting.Source(s):
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