Appealing a dismissal

fend

Evening Folks!

Wondering can you guys give some advice/suggestions.

I worked in a company that were taken over by a new crowd in October All of the previous staff were kept on, including myself. None of us had signed any new contracts, as we were waiting for them to come in and therfore were still under our old employers contracts. I had been in the company since 10th of April.

I was dismissed from my job on December 20th. It was basically unfair dismissal but because I was only there 8 months, I have pretty much zero rights :mad:
On the day of my dismissal, my employer told me I can appeal the decision. which of course I was definatly going to do!

I sent them my appeal letter, and got a solicitor. (just in case, plus I wanted some advice and sent a copy to her aswell)

I was basically dismissed for something that was common practice in our workplace and I didnt know any different or that i was doing anything wrong to begin with. My solicitor sent them a letter after I sent my appeal letter, basically stating that it was "unfair selection of a commonly practiced task".

Its been 3 weeks and Iv heard nothing. Nada. Zilch. My appeals letter was registered so i KNOW they got it.

Just wondering if someone can tell me am I entiteled to an appeal even though I was there less than a year? Or am I fighting with a brick wall.

My employer is a calculated piece of work with no common courtasy WHATSOEVER and she is the kind of woman who will basically ignore you, even if I did have rights.

I have also recieve none of my certificates, referene letter, termination letter, NOTHING. basically was sent my P45 via automated email and that was it. They have 6 or 7 certificates belonging to me plus other documents which I want back. I stated this in my appeals letter that I would like my documents returned to me.

I was given no notice of my dismissal. No warnings previous, written or verbal. I Went in to do a 12 hour shift at 8am and was told to leave at 8.05am. The same day I rang them and told them I wanted a copy of my contract, which I am STILL waiting to recieve.

I know some people may think that this was a calculated in order to get rid of me, but I had a preformace appraisel done 3 weeks previous to which all was perfect, and in fact I rated one of the highest out of all the employees. I was also much loved with clientelle and genuinely loved my job and gave it 110%.

Can someone please either give me some sort of suggestion of what to do next, or shed some light on my situation. Anything. A loophole, ANYTHING! Anything just to make my situation in ANY way better. I'm absolutly gutted since Iv left and have now ended up signing on as there is no work in my area. I have never in my life signed on and have been working since I was 16. Breaks my heart but I have a family to support and bills to pay and it just seems like there is no light at the end of the tunnel.

There has to be SOMETHING I have a right to.

Depressed, Disheartened and Giving up.

Fend

drunkmonkey

You've the right to not let it get you down, it's happened, sounds like a company takeover, you've just been unlucky as your still on probation. Don't take it personally as it seems you've just a victim of the circumstances.
See can you come out of it with a reference that reflects the same, don't sit back playing the victim or dreaming of unfair dismissal dollars. Try and get a job quickly, any job.

Procrastastudy

It's a common misconception you cant progress a claim without being there 12 months. What you don't have is access to EAT without the employers consent. Speak to you solicitor but there is next to nothing you can do that is cost effective other than chase any money you may be owed in lieu of notice I'm afraid.

Good luck and really if they're the type a-holes you describe your better off out.

fend

To be totally frank, I wasnt even looking for money or anything of the sort.

I mainly just want to clear my name of any wrong doing. Reinstatement would have been a bonus! Financial compensation hadnt even crossed my mind. Clearing my name was the main thing.

The thoughts of going to a new employer and explaining why I left my previous employement is HAUNTING me. Nothing worse than saying the words "I was sacked..." (Obviously I wont put it that way )

Am I entiteled to an appeal?

BuffyBot

You don't have a name to clear. You haven't been charged with a crime. Frankly, you're on an expensive and tiring course to very little benefit when you could be moving on and doing something a lot more constructive with your time.

When it comes to interviews, simply state that the company was taken over and some staff were let go.

drunkmonkey

Fend I'm an employer, I can tell you now for a fact that if I even got a hint that you took on a previous employer legally I wouldn't let you within an asses roar of my business even for an interview as a janitor.
Your name isn't dirt, from what you describe your just not lucky you weren't there longer, have a word with your ex-employer about your dismissal and see will they back you up for a good reference.
You did mention it was over something that everyone else does that you done, I think you probably did wrong but your being made an example out of, it's unlucky but as your probably the easiest to fire the business is setting an example for the others, whatever happened it won't be happening in the business again without serious implications. You just happen to be the fall guy, it sucks but as I said please don't let it get you down it'll tear you up.

gozunda

drunkmonkey wrote: »

Fend I'm an employer, I can tell you now for a fact that if I even got a hint that you took on a previous employer legally I wouldn't let you within an asses roar of my business even for an interview as a janitor.
Your name isn't dirt, from what you describe your just not lucky you weren't there longer, have a word with your ex-employer about your dismissal and see will they back you up for a good reference.
You did mention it was over something that everyone else does that you done, I think you probably did wrong but your being made an example out of, it's unlucky but as your probably the easiest to fire the business is setting an example for the others, whatever happened it won't be happening in the business again without serious implications. You just happen to be the fall guy, it sucks but as I said please don't let it get you down it'll tear you up.

So what you are saying in effect is that you would effectively go against any employee who sought to vindicate their rights even when they were justified in doing so?

That is a horribly cynical attitude and gives readers the impression that employers use gang style behaviours against the rights of employees by refusing to recognise that there are unscrupulous employers out there and that at times employees must take legal action to maintain their rights under law. I would prefer a honest employee that stood up for what was right than a terrorised workforce.

Ask yourself the question - why do we bother having any employment law?

OP - go back to your solicitor for clarification of the situation and also contact NERA - for avenues you may be able to Persue.

tony81

gozunda wrote: »

So what you are saying in effect is that you would effectively go against any employee who sought to vindicate their rights even when they were justified in doing so?

Gozunda, welcome to the real world.

Employers are extremely cautious. Why would they hire someone who will threaten legal action if things don't work out? They want positive employees who keep their nose clean, take responsibility for their actions and when adversity strikes take it on the chin and move on.

the_syco

gozunda wrote: »

So what you are saying in effect is that you would effectively go against any employee who sought to vindicate their rights even when they were justified in doing so?

When unemployment was low, it would go against ye, but would be okay if justified. Now that unemployment is high, and companies are having to work harder to get money, they'll pass on anyone who took a legal case against an employer, esp when they're not doing it for any auld reason.

gozunda

tony81 wrote: »

Gozunda, welcome to the real world.

Employers are extremely cautious. Why would they hire someone who will threaten legal action if things don't work out? They want positive employees who keep their nose clean, take responsibility for their actions and when adversity strikes take it on the chin and move on.

That is a very poor argument for the the "real world"....

Why would an individual as an employee who may have to possibly risk everything due to a work related issue be any more likely to "threaten legal action" than any other employee at a future point?

I do see what you are saying that any one who attempts to have their rights vindicated is in your eyes going to be trouble and will therefore be blackballed by employers because they dare to put their head above the parapet.

However if there is a real employment issue (and not just 'adversity'), where the employer is negligent in dealing with a matter and where a case is justified there is no different to seeking any other form of Legal redress in any other sphere of "life". In my experience there are many employers that seriously require to take responsibility for their own actions. Unfortunately this is where the system currently fails both the employee and employer.

the_syco wrote: »

When unemployment was low, it would go against ye, but would be okay if justified. Now that unemployment is high, and companies are having to work harder to get money, they'll pass on anyone who took a legal case against an employer, esp when they're not doing it for any auld reason.

There are few employees who can afford to take a case against an employer "for any auld reason". For employers to actively discriminate against any individual that are obliged to seek confirmation of their employment rights is wrong and is often a tortuous and expensive process with the onus on the employee prove their case. This is not something that many individual employees would do without proper consideration and reason.

Believe it or not there are 'bad' employers' out there who do themselves no favors especially, where other employers pass a blind eye by discriminating against employees who may attempt to seek redress - tbh such behaviour further diminishes the reputation of all employers.

the_syco

gozunda wrote: »

There are few employees who can afford to take a case against an employer "for any auld reason". For employers to actively discriminate against any individual that are obliged to seek confirmation of their employment rights is wrong and is often a tortuous and expensive process with the onus on the employee prove their case. This is not something that many individual employees would do without proper consideration and reason.

I'd class non-payment of wages is a good reason, but bringing the company to court over been let go within the first 12 months isn't. The OP seems to just want a reason for being sacked.

=-=

As for the certs that they say the company has; is it the company that certified him, or was it a 3rd party company? If the latter, I'm sure he could get the certs from them. They don't need to give him a reference letter and I've never heard of the employer giving the employee a termination letter, it's usually the employee giving the employer the termination letter.

gozunda

the_syco wrote: »

I'd class non-payment of wages is a good reason, but bringing the company to court over been let go within the first 12 months isn't. The OP seems to just want a reason for being sacked.

=-=

Tbh I don't see the OP making any such claims or indication of brining the company to court. Exaggerate much?

As for the certs that they say the company has; is it the company that certified him, or was it a 3rd party company? If the latter, I'm sure he could get the certs from them. They don't need to give him a reference letter and I've never heard of the employer giving the employee a termination letter, it's usually the employee giving the employer the termination letter.

....

drewbedo

very curious to know what the OP has done???
in a similar situation myself at the moment.