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Unfair Dismissal

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sharpster
sharpster Community member Posts: 1 Listener
edited June 2023 in Work and employment
I worked as a delivery driver fora company for about 2 and a half years up until I was dismissed from my post on 20th December 22.I was more or less dismissed on the spot for gross misconduct and subordination. After having a bit of an argument with my line manager about something quite trivial, during this argument he suggested that I should resign on the spot, I refused to resign and was asked to go home.Next day I rang work only to be told I had been dismissed from my post and I would receive a letter confirming this.This letter did come on the 23rd December from the owner of the company. I was given the chance to appeal my dismissal which I did do and was invited to attend a meeting on the 27th March to appeal. Inbetween 23rd December and 27thMarch I contacted acas ,and was advised to proceed with a claim to a tribunal, but in the meantime they would try to negotiate a early conciliation, up until now my employer refuses an early conciliation and has filled out et3 in response to a et1i filled out. A tribunal hearing has been set for 17th July. However my has followed his own disciplinary procedures they are a million miles away from the procedure set out by acas. When I was invited to attend a meeting on the 27th March to appeal my dismissal, this meeting was chaired by the the very person responsible for my dismissal, rather than defending the original allegations against me in his letter on the 23rd December, I was just confronted with new allegations and more witness statements against me, this was almost impossible to do, I was also told that I would have the outcome of this meeting in writing within a few days, I've still head nothing, he has also missed the first deadline set out by the Tribunals Office to pass on the information from this meeting. I got an email from his solicitor asking me to allow them an extra week to pass on the information, the deadline was 3rd May, I have agreed to this extra week and told them that I would like to have all the information I requested by the 10th May. Does the fact that he chaired the meeting and was responsible for my dismissal go in my favour. Does the fact that he did not allow me to see or reveal to me new allegations and more witness statements until during this meeting go against him, he has basically moved the goalposts at every opportunity, many thanks for any advice 

Comments

  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,740 Disability Gamechanger
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    Hi @sharpster and a warm welcome to our online community, how are you doing?

    I'm so sorry that your post didn't initially elicit any response, has there been any progress with your employment tribunal since you wrote it?

    It sounds like you've taken the right steps, in terms of contacting ACAS and I'd feel equally as concerned about the meetings that have already taken place.

    As I'm not qualified in this area, I'd encourage you to contact ACAS again, or one of their listed sources for legal advice:

    • your trade union, if you have one
    • your personal or home insurance policy
    • LawWorks, a charity for those in England and Wales
    If you do want to use a solicitor, you can find one by searching:
    Please keep us posted, and if any of our members have experience in this area, it would be great to hear from you :)
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