I’ve been accused of gross misconduct and dismissed from my job. I’m planning on appealing as I believe it’s a possible unfair dismissal. I have raised these concerns to my manager who stated it’s not but I was hoping someone with some HR / legal knowledge can tell me what you think.
I started a job at x company. Had the induction, read all the policies, went on training etc.
Several years later the company was sold to a new owner and was franchised. New company name. I was given a p45 and a new contract with my new employer. Pay slips come from new employers company not company who franchises. I was given no policy documents, no training etc.
A few more years later I am accused of breaching the policy of the ORIGINAL company that now franchises the business. I wasn’t aware these old policies still applied as the business has changed hands and all other employees are also breaching this same policy.
I was suspended and invited to a disciplinary meeting. I was told I could have a representative present. I requested someone from the HR department in the original company as I wanted someone experienced.
I was clearly told I cannot have this as I no longer work for original company and that the franchise owner is now my employer and I must choose someone from within the franchise. Although the manager and owner were leading my dismissal. I was not allowed anyone that I’m friends with outside of work as it’s a “conflict of interest” so I was left with very junior and inexperienced colleagues to choose from.
My argument is if I no longer work for original company and cannot access their HR how can I be held to their policies? Surely they no longer apply?
Do I stand a chance?
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Legal advice re. possible unfair dismissal
32 replies
WorkDismissal · 09/10/2019 15:45
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