Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Legal advice re. possible unfair dismissal

32 replies

WorkDismissal · 09/10/2019 15:45

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?

OP posts:
xtinak · 13/10/2019 22:13

You sound pretty switched on. Feel like it may be time for you to look at a new line of work. Maybe law.

WorkDismissal · 13/10/2019 23:05

He is my step-dad. He had a residency order for me and my siblings as children to give him parental rights. His marriage or not to my mum has no bearing on his relationship with me.

It isn’t even the fact they are not married anyway, no one has asked me that. They found out as I wrote “step father” in the box where it asks the relationship and they said a step parent does not count as “direct” family.

OP posts:
Gemma2019 · 14/10/2019 02:21

He still isn't legally your stepdad. A residency order only usually lasts until age 16 and isn't the same as adoption.

I've just looked up my own company's definition of a direct family member and it says a husband or wife, civil partner, children under the age of 21 who are dependent on you or your spouse or civil partner. So unfortunately no step parents.

You should definitely still go to ACAS and fight your dismissal though. It seems so petty of them. Even if you get the dismissal changed to a resignation it will be worth it.

VashtaNerada · 14/10/2019 03:17

WTAF. He raised you from the age of three and they’re claiming he’s not direct family! That is ludicrously petty and hurtful. Plenty of families nowadays have a non-traditional set-up like that, and plenty of couples choose not to marry. I really hope you win this one OP. I think they’re being ridiculous.

Djimino · 14/10/2019 03:35

That does seem like a petty reason. Is there any other information that the company has given out clarifying how the family discount would work?
Is it the first time you've given him a discount?

WorkDismissal · 14/10/2019 12:16

The original policy that they are saying I am held to (but no one else is) states direct family. They say this is parents, partner and children only.

The new policy just states family and doesn’t expand further, colleagues have given cousins discount under this policy. They say this policy doesn’t apply to me though.

Yes it’s the first time I’ve given him discount and he’s only the second person I’ve applied the discount to in all my years of working there whereas one colleague has given it to 12 family members.

OP posts:
flowery · 14/10/2019 15:35

Policies don't transfer under TUPE unless they are contractual. It's only terms and conditions which continue.

Is there any reason to believe this policy is contractual?

New posts on this thread. Refresh page