Unfair dismissal?

Question

If you were sitting down and getting on with your work and because you produced an accounts print out that your boss didn't understand and you offered to produce another print out (the difference between invoices and credit notes) which the boss refused and the he told you that he had had a 'f**king 'nough of you today' and you replied 'I, of you, too.' Then he gestured to the door and said 'Go.' - and you went, would you feel that you had resonable grounds for unfair dismissal?

Thanks for you support. If I also added that he had been sexually abusive, would that change your answer? I should have walked out a couple of years ago but now I have had to also tell my husband.
I have put the affair in the hands of our solicitor, but I haven't heard back from him today.
There is a lot more to this than meets the eye. I need to know where I stand before I start the real attack.

Boss didn't understand printouts because he wasn't that smart! I did all of the work, he did nothing. Never mind, maybe I should just try and sleep on it. Can you imagien a director that didn't understad a printout???

Answer 1

If you have been dismissed your employer must provide you with written reasons for dismissal, this will help you determine whether or not the dismissal is fair or unfair. The letter ought also to contain detaiIs of any appeal procedure available to you (also check your contract of employment for such procedures).

You can only apply to an Employment Tribunal (ET) re: unfair dismissal if you have been employed by the same employer for a minimum of 12 months. There is a time limit to apply to the ET so you need to determine whether or not a dismissal has occurred as soon as possible.

If you are a member of a Trades Union you need to contact your Union representative as a matter of urgency.

Contact your local Citizens Advice Bureau for further advice/support. Good luck.

Answer 2

IF you were an employee, and you had over a year's service (sounds like you did), then if he sacked you in the way you describe you WERE unfairly dismissed. Whenever you're dismissed from a job you're entitled to undergo the statutory disciplinary & dismissal procedure. This requires the employer to write to you, setting out the reasons why disciplinary sanctions may be taken, inviting you to a meeting, and informing you that you are entitled to be accompanied by a colleague or trade union rep. They then have to hold the meeting, make a decision, write to you informing you, and offering you the chance to appeal. If you appeal, you get a fresh meeting and a fresh person hearing it. The only time the procedure can be departed from is in situations justifying immediate dismissal, ie gross misconduct / theft / fighting, and so on. Even so your employer has to write to you with the reason you were dismissed and the offer of an appeal process.

Nowadays if one of these processes isn't followed then you have been unfairly dismissed, and will be entitled to claim compensation. You must make your claim within three months of dismissal, unless when the three months expire you have reasonable grounds for thinking that the disciplinary process is still ongoing, in which case the time limit is extended for a further three months.

Make sure your solicitor SPECIALISES in employment law, there's too many people out there on the high street who are general litigators and don't know the ins and outs.

Hey there Americans - imagine if you had our crazy system! Culture clash!

Answer 3

Are you an "at will" employee.
I really did not get all you are trying to say but, it seems strange that your boss could not understand a report. Have you changed any of the procedures of your job?
If he has been harassing you in any way and you did not immediately bring it up and have let it fester for 2 years, it will be hard for you to prove.
Even tho I sympatize with you I think you should cut your losses (and stresses) and leave.
Sorry, I know that is not what you wanted to hear.
Good Luck.

Answer 4

Your bosses behaviour here is totally unacceptable for the workplace. If you have access to any documentation from your company or can access the intranet if they have one check out their policy on bullying in the workplace or to see if they list the reasons you might be dismissed. My last company did that on their intranet and in the booklet they gave me when I started there. You can then state your case a lot more clearly.

Good luck.

Answer 5

Yes you do have grounds as it wasnt gross misconduct. Even if the citizens advice bureau tell you that you don't have a chance, apply to the employment tribunal anyway. I was dismissed for gross insubordination and the CAB told me to forget it. I went to the job centre for the forms and my previous employer eventually settled out of court.

Answer 6

No matter what caused the instance your reply can be construed as insubordination.
It is dependent on your employment agreement if you have any recourse. If you are in a union consult them. If you are an at-will employee start to look elsewhere.

Answer 7

yes... its victimisation. he doesnt have to tell you to leave, you could have just left and still claimed unfair dismissal. But the actually decision is down to an employment tribunal who are supposed to be impartial.

Good luck.

Answer 8

defiantly, you were put in an uncomfortable position by a person in authority. I experienced a situation where i lost my job unfairly. i was advised to visit the Citerzin Advice Bureau how may be able to help. they listened to may case and when they decided it was legit they represented me through a tribunal. Why not thy them it worked for me

Answer 9

Nope, what you did was called "Insubordination" Unfair dismissial means that you were fired for no reason, or for a discrimination reason. Since neither of these were present here, start looking for another job.

Answer 10

Yeah, I'd say so. Your best bet is to contact the Citizens Advice Bureau and see what they say