Dismissed without disciplinary Procedure

[KennethBurro]

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

[ian.miller]

CAB, and be quick about it is all I can suggest.

[daftpixie]

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.

[antiguru]

I suspect their case rests on 2 issues. Firstly that the �persistent misuse and neglect of a company vehicle� is listed as gross misconduct in the company disciplinary policy (which is usually an instant sacking) and secondly that they can prove this is not the first time.

You should ask them at the appeal to present their evidence that this is not an isolated offence. Incidentally, the disciplinary procedure should be easily available to you, so if it is not you could argue that you accept carelessness on this occasion but didn�t realise it was something the company considered to be gross misconduct.

Make notes in your appeal meeting or ask a colleague to come with you to make notes. You are entitled to take a colleague with you or a union rep if the union is recognised.

Make sure you raise a grievance if you really think you�re being unfairly treated as their failure to respond adequately to you could add to any compensation claim you win. See http://www.employmenttribunals.gov.uk/ for details of making a claim.

[spinchimp]

You don't work in Yeovil do you?