i was sacked! should i appeal?

Question

its like this, there was a breach of procedure. being the boss i should've known better but far worse things have happened in other stores run by this company and nothing has been done.
i have an exemplary record, the store is beating budget week in week out and im well liked, respected by both staff and community.

sorry if im being a little vague.

Answer 1

Definitely ! Go to a solicitor who specialises in company law and unfair dismissal .

Answer 2

It depends if this was a first time offence. Did they go through the disciplinary procedure with you and explain it all clearly? For more minor offences you should receive a written or verbal warning that goes on your record. If it was a major offence (gross misconduct) then they are able to sack you without first giving you a written or verbal warning.

However, they should still carry out an investigation that gives you the right to defend yourself. You should be allowed a representative in this meeting, which should be recorded by someone (not you or the person taking the investigation). If, after the investigation, they decide to sack you, they should clearly explain why they have sacked you, and how you can appeal if you want to.

Appeals can sometimes take a while, and even if you get your job back would it still be the same?

Think long and hard, and if you think you have been treated unfairly, or they have missed out parts of the procedure, go and speak to someone who can help, usually Personnel or Human Resources.

Answer 3

it's not vague. Breach of procedure can be grounds for dismissal, but the HR and disiplinary procedures should state, in general terms, what consitutes genuine grounds for dismissal, and in what form. Summary dismissal requires you to do something pretty bad, like stealing from the company or telling a customer to f*** off. For lesser breaches of procedures (say you didn't bother to keep track of the stock), you would have had to have gone through a more lengthy process, which would have involved explaining what was expected of you. If you ignored that and still didn't bother with the stock, it would become grounds for dismissal. But there's a process to go through. They need to have gone through that.

In short, both sides have to play it by the book. Whoever is closest to the book wins. Unless the material facts are overwhelming.

Good luck

Answer 4

To my mind, you need to ask yourself how much you really want to return to this position and to continue there. This could very well be a golden opportunity from the gods for you to try something new and different. Anyway, the answer to your question is definitely yes if the answer to my first question is no. And should you decide to pursue your appeal of this action against you, for heaven's sake get good representation or guidance. In other words, make sure you do it right. It sounds to me as though you are a pretty productive resource for any company who would hire or take you on to work for them. You need a bit of time to calm down and think straight, so make off to your comfy chair and kick off your shoes and have a think. When everything inside your brain comes to stillness, ask yourself what you really want to do about this... fight it or move on. I am convinced you already have answered this question in your heart already. My feeling is that this is an opportune moment to seriously consider something new, so - whether or not you decide to go forward with fighting this and trying to get your job back once again (were there good benefits - medical, dental, retirement?), think for a moment about who you were while working where you were before this all happened. If you would really rather be someone else, now's your chance. I am sending along positive energies so you will not make a hasty decision which will not reflect serious thought about the outcome of whichever way you decide to jump. Good luck to you, sent from Chris in South Portland, Maine, U.S.A. (I am 63 years old.)

Answer 5

sorry u cannot get a proper answer to your question, as u have left out some important details, how long u have been employed by the said company, have u had any warning letters, what the breach was, i could go on, but the best advice u can get for your problem, is to either go to your local citizens' advice bureau, or go to a solicitor that deals in work related problems, he or she would be able to tell & advice u as to what steps you should take, which should be absolutely free for the first half an hour

Answer 6

Collate all evidence of the same thing happening in other stores , take it to your superiors,tell them you have sought legal advice and that the out come of an appeal will not be in their favour,indicate that you would accept your old position back with no malice,and if this is not forthcoming take legal action,but if possible tape the conversation you have with them and before you leave tell them that you have done so,you may be surprised by their reaction

Answer 7

You say you were sacked, gross misconduct ?= instant dismissal
done it before and been warned not to do it again ?=stupid
Being the boss is normally difficult enough without adding to your own problems, you say you should have known better,well,now you do. If you were to get your job back would you still be respected ? I think not. Take it on the chin, learn from it, and, ask your ex-employers for a decent reference.

Answer 8

You may have to prove that that equal or worse activity occurred elsewhere and no action (or a lesser action) was taken by the company. Go and speak to a solicitor, give them the FULL facts (even any bits you'd rather not admit to, as if you don't, your former employers will) and see what they say. Go to the following site for a no-win, no-fee service that includes unfair dismissals
http://www.online-legal-advice.co.uk/index.htm

Answer 9

alot depends on how much there was a breech of precedure at the end of the day, and does it warrent an appeal at the end of the day.

id personally weigh up the pros against the cons and think carefullly if its really worth putting yourself through all this hassel at the end of the day.

as you say your well liked,you could wind up making alot of enermies through no fault of your own just to prove a point at the end of the day, to acess who was at fault.

if in the other hand you think this warrents an appeal and there was a serious breech of procedure then i say give it a whirl, and go for it,

Answer 10

You can, but if it didn't work out then, move on!!

I recently have been thru some crummy jobs for the past months & and got told I have a bad atttitude, I'm not doing anything right, BLAH, BLAH!!

If its not ment to be, then find someting thtat you enjoy and don't wate time worrying about it!

If youfeel then you were greatly wronged then by all means do someting about it!!

Answer 11

Impossible to say without the absense of vagueness. Best advice is normally to take it with good grace, the best outcome for you would be to be back working under the boss that sacked you.