Dismissal procedure

[celtic_eagle]

I've recently been dismissed for wilful delay of mail, myself and the union were expecting a serious warning but not a dismissal but its gone straight to appeal as it was far to harsh. I've asked in my other thread about this but was hoping someone could give me any more details.

I had my dismissal interview on Wednesday 21/08/2013 at 11.30am, I wasn't informed I was due in and had to text my cwu rep to check what was going on. 10 minutes later a line manager phoned me and asked me if I could make the interview, she phoned me at 12.46pm on the Tuesday so I had less then 24 hours notice.

In the interview itself my DOM read his decision from some paperwork which he said I needed to read, sign and return a copy. This never happened, after he finished reading it he vanished and took the paperwork with him. I still haven't read it, had a copy of it or signed it and neither has my rep. Its been over a week now and still I've not had any paperwork saying im dismissed and my rep has informed the DOM who just said "I thought I gave it to him in the interview".

Has he followed the procedure correctly because from my point of view he hasn't. My rep has been doing his best to find out but is swamped by a failing unit revision.

Any help is much appreciated.

[doorstepped]

IF he has not followed procedure to the letter it could be a case for you to have the dismissal reversed.

I myself had a stage 3 reversed down to a stage one due to 2 doms not doing what was supposed to be done, an Area manager came in to do the stage three interview and knew he was on a hiding to nothing as soon as the facts came to life.

hope this helps you out :)

[celtic_eagle]

That would be nice, will keep my fingers crossed and hope the cwu can find more info out for me.

[celtic_eagle]

My reps just phoned me back, he has spoke to the area rep and he says the DOM hasnt followed the correct procedure. Said it will help but doesnt know if it will win the appeal but every little helps. Got to discuss it more monday

[She Raa]

All the best with this

[celtic_eagle]

Thank you, decision for dismissal was harsh so im hoping i can overturn it. Been worse cases of wilful delay since i got dismissed and the DOM has let them all go unpunished yet sacked me.

[olilew]

are you full time? if you are i wouldn't fancy your chances!

[celtic_eagle]

Yes im full time but ive got a good set of reps behind me plus a lot of ammo to use in the appeal. The fact they have knackered the procedure up as well only adds to what ive already got.

Also dont want my job back, just the record cleared. Got something else lined up so they can stick the job.

[mandy1962]

can anyone help? don`t you have to be formally charged before any action is taken?

[TrueBlueTerrier]

can anyone help? don`t you have to be formally charged before any action is taken?

Not sure what you mean by "formally charged" but managers can suspend someone to protect the integrity of the mail. If there is a possibility of dismissal, or any other punishment then a "Fact Finding" interview should take place.

All the details are in the Conduct Code Agreement http://www.glosamal.co.uk/Docs/Conduct% ... eement.pdf" onclick="window.open(this.href);return false;

[celtic_eagle]

I was suspended then charged with wilful delay after a fact finding interview and then a formal interview. Its after that things have gone pear shaped. I had no copy of the minutes from the formal interview, less than 24 hours warning for my decision interview and that was only because i contacted them and also no paperwork from decision interview. Union confirmed they have not followed the correct procedure.

Still dont have any paperwork saying ive been dismissed or have signed anything. Union have said again today it will be a help in the appeal. Also decision was far to harsh as it was only a few mailsorts i didnt deliver as it would of taken me over my finish time and i had 14 miles to drive to get back to the office.

[mandy1962]

sorry meant to say already been dismissed, had appeal and awaiting outcome, but procedure not followed as was never charged in the first place with what I was accused of doing.

[celtic_eagle]

Not to sure if they would be able to do anything now the appeal has already gone by or was this mentioned in the appeal? Can i ask how long you had to wait for your appeal date?

Good luck.

[mandy1962]

only waited 2 weeks for appeal and yes it was stated umpteen times about not being charged

[celtic_eagle]

Very good, hopefully that will work in your favour as well then. Might ask whether its worth looking in to an employment tribunal as it seems if we make an error we get punished but management can do what they like.