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I went in to work Thursday, I am a lorry driver for a Timber firm. Had an accident with the lorry (not cited as reason for immediate dismissal) Sacked when I got back to yard by Line Manager told to leave immediately. Letter followed next day by MD (Immediate dismissal due to persistant misuse and neglect of company vehicle) No warnings verbal or written. Given right to appeal, accepted and a meeting is being set up.
They have already sacked me in the letter, before a right to appeal. Surely this means unfair dismissal, or does this happen after the meeting
No best answer has yet been selected by KennethBurro. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.from what i can remember if you have worked there under a year you will only be able to go for wrongful dismissal, unfair is a year or over, plus the appeal is usually an appeal against the dismissal so technically yes they would have to sack you before you could appeal it. usually instant dismissal stems from gross misconduct so that can come from a single act but if they are stating that its because of persistant misconduct then I think that needs to be evidenced by verbal and written warnings etc, so if they have never spoken to you before about it the persistant element may help your appeal, do not go on your own though, I really hope you are in a Union mate as they can really help in situations like this, especially attending appeals etc. Lastly check your contract, did you agree expressly that accidents etc in company vehicles would constitute gross negligence etc? And do exactly as ian.miller says and get to CAB quickly to check all this out, its been a while since I studied employment law and im very hazy on it, good luck.
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