I have been fired from my job and i think its unfair can anyone clarify some points for me please?

Question

I was suspended last week pending investigation on an allegation that i had 'colluded' with another employee in order to disrupt the running of my workplace. The evidence given to me was a list of the other employee's work telephone records over a set amount of dates showing that on several occasions the employee had telephoned me. This is the only evidence that was used to come to that conclusion. Have i been dismissed unfairly and should i take the matter any further legally?

Thankyou in advance for your help!

For everyone who says i haven't given enough information, I have given all of the information and the exact reason i was fired is because "in my managers head, the phone calls would have been for colluding with the other employee". Thankyou for your help

Answer 1

I would fight it. Right now you should possibly be suspended with leave as they investigate it.

Clarify something for me, your not a stockbroker or something like that are you ?

Looked up collusion

Main Entry: col·lu·sion
: secret agreement or cooperation especially for an illegal or deceitful purpose

Answer 2

There's a difference between being fired and being suspended - you need to clarify which, inc. if you're getting any pay while the investigation is ongoing.

On the face of it, it sounds unreasonable; but then you're only presenting your point of view. What has the other individual say as a part of the initial investigation, did you actually do anything to "disrupt the running of the workplace".

Things to do; get representation. Are you a member of a union? Hire an employment lawyer, etc.
Contact the CAB to for local assistance.
Document everything that you can think of that might be relevant.
Try and obtain the complete file of evidence that they may have.

If you've done nothing wrong, you may want to take legal recourse but do an objective assessement of your chances of winning.

As and aside; brush up your CV and start job hunting. You're unlikely to want to stay working there whatever the outcome.

Answer 3

do you have a union rep? i had the same thing happen to me in 2004. You must take legal advice. 1 where you given any verbal or written warnings? 2 Did you leave your work place with a letter stating why you were fired ? 3 you can send a letter to them straight away stating "YOU RESERVE YOUR LEGAL RIGHTS"
4 Do you have a staff manual which by law you should have if not why that would help you as you would know what procedures to take 5 keep your chin up and be positive if you know you are right stick to your guns xx send a message back if you want would love to know how you get on xx

Answer 4

Do you have a contract of employment. All employers are supposed to issue the to all employees. This should set out the procedures for disciplinary. Normally verbal and written warnings are usually issued before dismissals, with the exception of gross misconduct. I would go to the citizens advice bureau, they can advise you if you have a case and probably give you the name of a lawyer who specialises in employment law. Your ex employer will have to give real evidence against you, not just the circumstantial evidence they seem to have. Good Luck.

Answer 5

god yes that's terrible they can't get away with that providing you haven't done anything wrong you should fight it you don't say but whats you're employee history like if you don't have a bad work record I would appeal under you're working rights most companies have a hand book and an appeals process you should look at these first if this is a first so called offence then dismissal seems a bit harsh receiving telephone calls isn't an offence my colleagues phone me all the time usually because they need help maybe you should list the phone calls and see if you can remember why he/she called you

Answer 6

You say you have been fired. To claim "unfair dismissal" you must be working with your employer for a MINIMUM of 1 year. (this is a MUST unless it was due to racism/minority issue).
If you haven't worked for a min of 1 year... you cannot do ANYTHING.
If you HAVE.... then first take the employer to a tribunal.
IT IS FREE AND YOU WILL NOT BE LIABLE FOR ANY COSTS!
Its worth it... i did it myself.
Find out the employer's grievance procedure (complaints procedure)...
GET EVERYTHING IN WRITING. If ANYONE tries to speak to you over the phone, tell them that you need an EMAIL or LETTER and you will reply back in the same method. THIS IS ESSENTIAL FOR YOU TO WIN YOUR CASE.
You MUST have things in writing. No one cares who said this or that.
If your case does go to the tribunal then the telephone calls count FOR you, and NOT AGAINST. this is because you did not call your fellow staff member. It shows obviously, that THEY are disturbing YOU and not vice versa.

The first thing to do is take them to a tribunal.
Employment Tribunal in your area.

There are a lot of MINOR details which are ESSENTIAL for a perfect reply... if you would like you can contact me at dilhaypakistani@ yahoo. com.

Answer 7

Firstly you need professional help so go and see a union rep. You may not be in a union at present but contact them anyway. Much better than going to a solicitor.
There is more to this story than you are telling us and therefore no one can give you an accurate answer. Sit down with a professional who can accurately assess the situation and advise you appropriately.

Answer 8

If u r in the UK forget going to citezens advice just go straight to ACAS I have put their web address below but I think they must be broken down as u can't get on the site tonight bit their phone number is on the error page.
I think u have a good case but if u haven't worked for your companny for 24 months or more u won't have a leg 2 stand on.

Answer 9

Okay, here is what you do.

Firstly: write to them and inform them that you intend to seek a tribunal finding. in roughly 95% of cases, Tribunals find in favour of the employee.

Secondly: Wait, but not too long, as yu myust seek a Tribunal within 3 months of being dismissed, for their offer, which should come.

Thirdly: Tell them to improve their offer, as a Tribunal will give you £10,000.

And lastly: See it through. You should win.

Answer 10

Sounds like they are just trying to get rid of you. If you were on your probationery period you do not have any rights I'm afraid - if you have passed your probationery period and were fully employed permanently then you have more right particularly if you were there for more than 2 years. Speak to a solicitor you are entitled to a free half an hour consultation. Good Luck.