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Posted: 1/23/2009 8:29:00 AM | A friend of mine has been sacked from their job - im wondering if anyone has any advice or has been in a similar circumstance.
Before Xmas they were in work doing over time on a Saturday they work Monday to Friday - a stock check (they work in a place where they ship some kind of componants, by that i mean not actual things like for instance cameras or toasters).
While moving things about in the warehouse they knocked down a security camera - the camera was not functioning.
As it was a Saturday and the full staff were not in they simply left the camera on a work surface and continued with their work.
This week they have been sacked for gross misconduct.
They have been told that there are 2 witness statements saying they were tampering with the security system, which simply isnt true, it was knocked down by accident while working.
Nothing in the warehouse has been stolen or is missing.
From the facts that i have been told this seems like a case of unlawful dismissal, no written or verbal warnings had been issued prior.
I would appreciate your comments. | |
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Posted: 1/23/2009 8:38:10 AM | Did they inform a manager that the camera had been damaged? By law, I believe that there should of been a supervisor on the premises at that time who would of been informed.
It would be hard to go against the 'witness statements' no matter how full of shyte they are. Your friend would have to prove that they were wrong.
They have to follow set rules to establish conduct as listed on this link:
http://www.iambeingfired.co.uk/misconduct.html | |
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Posted: 1/23/2009 8:40:14 AM | Where you there? Can you be sure that the 'facts' told to you are undeed truth.
If your friend is telling the truth then they should go and see a solicitor who specialises in employment law. It may be a case of an employer just using any excuse to cut staffing costs in the present economic climate. | |
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Posted: 1/23/2009 8:43:10 AM | | was the CCTV available from the moments before the camera was knocked off, if so, your friend is allowed to view the footage under Data Protection Laws as she will be on it. She probably has 7 days to appeal in writing , and needs to request the footage which shows her maliciously tampering with the camera. They have to allow access, even if they cannot release a copy. She should also have received copies of the witness statements against her with her invite to the disciplinary. If she is innocent of any wrong doing, the company should re-instate her. | |
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Posted: 1/23/2009 8:46:21 AM | Thanx Amy i will check that site out, im not sure what management was on site at the time, i didnt ask that, but the camera was left in full view of who ever was around, not attempts to hide it or pretend the accident hadnt happened were made.
A friend of my friend has union experience and says that the witness statements are not convincing.
No Re-raise i wasnt there, im fairly certain the facts are as they happened, and my friend is going to the Citizans Advice on Monday to hopefully get some advice and be pointed in the right direction of a solicitor.
EDIT As I mentioned the camera wasnt working and apparantly hadnt been for some time so unless there is another camera on the site (again im not sure about that) there will be no footage. | |
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Posted: 1/23/2009 8:51:55 AM | ACAS can be useful in these situations too
http://www.acas.org.uk/index.aspx?articleid=1461 | |
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Posted: 1/23/2009 8:53:00 AM | tell them to phone acas,this dont sound right to me
http://www.acas.org.uk/index.aspx?articleid=1461 | |
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Posted: 1/23/2009 11:35:02 AM |
While moving things about in the warehouse they knocked down a security camera - the camera was not functioning.
The part I don't understand is security cameras are usually located in fairly inaccessible areas to deter tampering or obstruction. Of course, that doesn't mean they always are.
If it was common knowledge the camera hadn't been working for a while, this does sound like a strange reason for dismissal.
As mentioned, ACAS (www.acas.org.uk) can help. | |
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Posted: 1/23/2009 11:45:28 AM | You say that 'they' meaning more than one allegedly damaged the equipment and two witnesses have given statements against them ............surely two witnesses against two or more saying it did not happen that way even things out ??
Its not as if they were able to prove they did it by using CCTV ?? 
They need in writing first and foremost on what grounds are they being sacked for gross misconduct I.e criminal damage ? Attempted theft ? etc | |
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Posted: 1/23/2009 12:06:42 PM | Only the one person knocked the camera down while stock taking, i have since asked about the witnesses and apparantly they werent there in the warehouse when the accident happened and didnt see him knock the camera down!
It just sounds like a stitch up to me, maybe the company were looking to cut back on staff and thought this was a good way to go about it rather than a redundancy.
Surely if there was criminal damage or theft which the stock take showed that all was in order then the police should be involved by the company? | |
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Posted: 1/23/2009 12:07:38 PM | | unlawful indeed (cls) 08453454345 these people should help your friend out free legal advise | |
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