simpsons !

Well for all those hanging on for the result I'm still waiting The Tribunal re-convened on the 4th of October, We know that they made a decision But it's awaiting being typed up which could take up to 20 working days So i should be hearing quite soon now about the decision! Everyday when my phone rings i'm expecting it to be the solicitor with the news but sadly not yet

Dave Bullock

I've just dismissed one of my employees for Gross Misconduct. Basically he was setting up on his own and asked one of my biggest customers if he could do their work for them. This company blew the whistle.

Being a small company with only 5 employees I arranged a disciplinary meeting at my accountants offices so that the chairman could come to his own decision and not be biased.

The employee didn't turn up.

So I arranged a second meeting and he didn't turn up again. No phone call or excuses either time.

So he was dismissed.

He's now trying to kick up a stink about unfair dismissal and is threatening me with a tribunal. WTF.

Am I correct in saying that if he doesn't turn up to two arranged meetings the disciplinary process is at an end?

njkmrs

I think you have to prove he /she received the letters eg by recorded delivery or signed for receipt .
If they decide not to come and give their version of events then I think you are correct in holding the hearing and making a decision in their absence .
What else can you do.They then have not followed procedure so you have concluded the disciplinary hearing .
Well done .

njkmrs

I once dismissed the works bully on rather dodgy ground .We knew it at the time but it was the best chance we had to get rid .He bullied other workers to go slow so he did not have to perform .Amongst other things .

Anyway we ended up in Tribunal in Manchester .We told the truth but were savaged by the Heseltine lookalike who was in charge .
We did not exactly go by the book but it was our first one to go to Tribunal ,so we were novices really at the time and did not always folow to the letter of the Law .

Just before the Tribunal he tried to run me off the road in my car with my three kids and mother in it .I did not take kindly to this only three days after my Father had died so I followed him to the end of the road at the junction knowing he would have to stop .Got out, pulled his side window out which was partly down as I tried to drag him out and proceeded to give him a taste of his own medicine .He squeeled like a Bitch to be honest (he had been coming to work ,waiting for me apparently and making threats,now he had found me ,only I was not the mild Manager who he used to work for !)

Anyway we lost the Tribunal ,but from the HR Director down ,we all saw it as a result .£3 k to get rid of the biggest piece of **** in the place .
Sometimes the pain we go through is worth it .

He did also go to the Police to report me .I had also pre-empted this and went of my own accord to explain what had happened .They fully understood to be honest and gave me a Caution only after formally arresting me and interviewing me .
Double result ,got to crack him ,smash his window and did not even have to pay him for the damage .

But this is not my normal style obviously and I would not recommend it ,but the aggro bit was spur of the moment and done under red mist (as the police described it .)

Feel better for getting that off my chest .

judgejules

I assume he has an employee handbook or you sent him a copy of your disciplinary procedure?

When you say you arranged meetings, how did this occur? On the phone/via a letter?

I trust you sent or gave him a letter outlining what he allegedly did wrong? Did you give him opportunity to see relevant evidence or send him a copy of statements taken?

How long did you give him between notification of the disciplinary meeting and it actually taking place (or attempting to)?

He has the right to appeal to your chairman's decision, did you tell him about this opportunity when you sent him the result of the hearing?

Its not good if you answer no to any of these.

Jules

simpsons !

I'm still Fookin waiting!

tmo

**** me mate thats Dire !!!!!!!!

simpsons !

Update............. The Chairman has the typed up result! And he is checking it! Result could be next week

Turbohot

Yes. My job description was to remain the same but my hours were being reduced under the organisation's new national strategy implication. However, I was taken on as a permanent employee a few years ago, I asked for redundancy. They wouldn't give me one. they were a charity and wanted to save every penny. Anyway, I took them to Employment Tribunal. They met with me and asked me not to go any further with it. They settled the redundancy figure fair n' square, and it was all done and dusted. It was all done through Union.
I suppose my employers solved it quickly because, they were an international charity. They worried about their reputation etc. I wish they had followed their own policy prior to all that. I really did not like taking them to Tribunal.
Don't know how your company will respond, though.

simpsons !

Read through the rest of my thread! Glad you was sorted though

Turbohot

I did, mate. Just examplified.
I am glad your partner is there to support you morally

simpsons !

Yeah got the result and i have won! In short i was automatically unfairly dismissed, I was 25% to blame by not booking a days holiday (which i never denied) The tribunal will uplift any award of compensation by 50% to reflect the fact that no procedure was followed prior to my dismissal, We have been given four weeks to agree compensation otherwise the tribunal will relist it for a further hearing.
So now we just need to agree on a figure of compensation, I quite like the look of that Litchfield Type 25

simpsons !

Any of you following this thread will be pleased to hear that TODAY! We have come to a financial aggreement, Christ it has been hard work but worth it in the end. It was only when we threatened to make an application for costs they made a deal. Anyone that finds themselves in my position I'll say this it's bloody hard work very stressful on all around you but if you have the support then do it.

Now what should i buy my gorgeus girlfriend?

Simpsons

DJ Vinyl Ritchie

Firstly congratulations on the win

You should probably get her A Rampant Rabbit....... Deluxe version

The lack of intimacy in the last year or so, I think she deserves atleast a few ''multiples'' mate



DJ Vinyl Ritchie............Cavanagh QC was always a thick ****

rallycol

iTrader: (4)

Well done ,I know it was stressfull at the time ,and you gain the financial reward at the end ,but it's the injustice that you want to overturn,and now you have won, you can stick two fingers up to them,BTW my missus went out and bought an S2000 and took me on a nice trip around the far east!! sweet justice

Wish

iTrader: (2)

Good stuff ... are we talking tens of thousands ??

speye91

How much compo,did you get then,come on tell us!

simpsons !

When it's in the Bank I'll say, I still don't trust them not to back out they have wriggled that much so far, But it's not tens of thousands thats for sure as I got a job on similar money, It's the moral victory thats more important, In this industry everyone talks and knows each others business, Before I won this case the recruitment companys stopped ringing, And soon as i won they started ringing again!

Simpsons

chocolate_o_brian

iTrader: (22)

congrats fella. do tell us eventually or just pm me as im a nosy bastid