gardenguru Posted May 13, 2012 Share Posted May 13, 2012 Go to the jobcentre, if you are no longer employed with this company and ask for a TR1 form, for an Employment Tribunal, this has to be done ASAP. Good Luck. Its always worth fighting for. Link to comment Share on other sites More sharing options...
Cookingfat Posted May 13, 2012 Share Posted May 13, 2012 hi sorry but you need to join a Union ASAP, get them to build a defense i was under threat like you but my union the GMB on Norfolk st will help. and you must write every thing down that your alleged to have done do hope for you they are false allegations are untrue cause they are really putting there foot down. but again you must appeal and join a union when you join a union they will help you but get all the info you can Link to comment Share on other sites More sharing options...
BarryRiley Posted May 13, 2012 Share Posted May 13, 2012 hi sorry but you need to join a Union ASAP, get them to build a defense i was under threat like you but my union the GMB on Norfolk st will help. and you must write every thing down that your alleged to have done do hope for you they are false allegations are untrue cause they are really putting there foot down. but again you must appeal and join a union when you join a union they will help you but get all the info you can A lot of unions won't work retrospectively Link to comment Share on other sites More sharing options...
RosyRat Posted May 14, 2012 Share Posted May 14, 2012 A lot of unions won't work retrospectively Unison will if it can, but not if there's current action taking place. Should disciplinary action be pending, then it's unlikely they'll be able to help. If a letter of dismissal has been received, then they may take the view that any support given will be for new action. It's well worth a try. Unison were brilliant with my cousin's wife who was being dismissed for incapability due to illness. They couldn't help with any action against dismissal, but started up a new case for her to get her her pension. She wasn't a Union member, but joined specifically for this case. Link to comment Share on other sites More sharing options...
JFKvsNixon Posted May 14, 2012 Share Posted May 14, 2012 Unison will if it can, but not if there's current action taking place. Should disciplinary action be pending, then it's unlikely they'll be able to help. If a letter of dismissal has been received, then they may take the view that any support given will be for new action. It's well worth a try. Unison were brilliant with my cousin's wife who was being dismissed for incapability due to illness. They couldn't help with any action against dismissal, but started up a new case for her to get her her pension. She wasn't a Union member, but joined specifically for this case. The Unison reps I know have refused to work retrospectively. Link to comment Share on other sites More sharing options...
PeteMorris Posted May 14, 2012 Share Posted May 14, 2012 The very first thing you need to do is appeal in writing to them. You don't have to say on what grounds, or any details. Just that you wish to appeal. When you were suspended, I'm assuming it was on full pay (if it wasn't then that's illegal). Once the appeal is lodged, and you will either have to hand deliver it or send it signed for delivery, they have to keep paying you until the appeal is heard. Then you can go to a solicitor and providing you win the appeal, his costs will have to be met by the employer. Tell the solicitor the whole story, and back it up with as much documentation as you have. Any solicitor worth his salt will tell you your chances of winning the appeal, cos mostly they know you won't be able to afford their fees. But if it's a winner they will be only to happy to take on the case! I'm definitely no legal eagle, but I know what I have written above is true from personal experience from 'both sides. the employers view and the employee. From what you have written. The employer looks to have 'proceduraly' screwed up big time. The correct procedure 'has' to be followed! Good luck! Link to comment Share on other sites More sharing options...
Hemibr Posted May 14, 2012 Share Posted May 14, 2012 The Unison reps I know have refused to work retrospectively. Unions - Pah the OP sounds to have more savvy and integrity than any of the union plebs i have had th misfortune to deal with. The CWU rep and general secretary - refused representation under nat rule 11 and used union funds to fund a barister (O Niell) against the member (a postman) to defend his right not to represent the member. Talk about paying for your own assassination. (Jan 5th 2000 Sheffield Court - Judge Bullimore) The issue was that the Post Office closure programme was being done on the back of back handers as opposed to logistical necessity with supporting evidence collated to a professional standard by S Y Police. Perhaps his back hander (if thats what it was) into the labour cabinet influenced his decision to apply national rule 11 and the right to refuse representation. Refusing to work retrospect is a lame copout if the documented history is there - My advice would be to ascertain the potential for reward and the size of the reward even if you are successful because the stress may not be worth it - they do not have to re employ. Perhaps have a look at the nurse recently accused of doctoring the saline drips and subsequently cleared - Is she back in the job now her integrity has been restored ? Link to comment Share on other sites More sharing options...
JFKvsNixon Posted May 14, 2012 Share Posted May 14, 2012 Perhaps have a look at the nurse recently accused of doctoring the saline drips and subsequently cleared - Is she back in the job now her integrity has been restored ? No, because she was found to have stolen opiod based painkillers, amongst other drugs. Link to comment Share on other sites More sharing options...
PeteMorris Posted May 14, 2012 Share Posted May 14, 2012 No, because she was found to have stolen opiod based painkillers, amongst other drugs. All this is pretty much irrelevant for the OP. On reading what I have seen in the postings. The employer has not followed the correct suspension and dismissal 'procedures'. That in itself is grounds for appeal. Whatever misdemeanor which caused the problem is almost irrelevant at this point. Correct procedures have to be followed. Of course if the sacking was justified for whatever reason, this will have a bearing upon the level of compensation, but that's a later issue. Get your letter of appeal in as quick as possible OP. Link to comment Share on other sites More sharing options...
JFKvsNixon Posted May 14, 2012 Share Posted May 14, 2012 All this is pretty much irrelevant for the OP. On reading what I have seen in the postings. The employer has not followed the correct suspension and dismissal 'procedures'. That in itself is grounds for appeal. Whatever misdemeanor which caused the problem is almost irrelevant at this point. Correct procedures have to be followed. Of course if the sacking was justified for whatever reason, this will have a bearing upon the level of compensation, but that's a later issue. Get your letter of appeal in as quick as possible OP. I agree......... Link to comment Share on other sites More sharing options...
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