Was it un fair dismissal?

Question

I have recently been dismissed from my job i worked there for 1 year and 1 month, i worked in an outbound call centre selling phone insurance and it was brought to their attention that i was 'dropping calls' basically i was not answering every call that came through so i was investigated and 2 days later was in a disciplinary and dismissed as they said it was gross misconduct although i understand this was wrong i feel i have been dealt with very harshly the manager acknowledged other employees do the same and i was told i could not be put back on the phones as they could not risk it but from when it was investigated and 15 Min's before my disciplinary i was on the phones selling for them without anything being said to me, at the time i was dismissed my two main managers were on holiday and overlooking the running of our team was the other operations manager although not directly my boss and a stand in manager did my disciplinary the operations manager who was in charge for that week was a man i had had a relationship with but i ended it and we were on bad terms, may i add this man was only 5 years my senior and he was single not married, i was treat differently to other employees by him because of this and i feel he made the decision to dismiss me as he was in charge for that week.can you help?

Answer 1

Call centers suck. In all fields, if you aren't in a union you will get screwed. And when a woman sleeps around at work it will usually cause trouble for her. Get a new job, something other than phones, and keep it in your pants.

Answer 2

How many times are you going to post this question? This is at least the third time you've posted it.

Answer 3

Go to the Citizens advice bureau.  You needed to be given warnings first.  Take them to a tribunal.

Answer 4

It may not be unfair dismissal, but it is flying very close to the wire.

Basically, before they can fire you, they have to give to feedback and give you the chance to improve. If it was a really serious issue then they can fire you on the spot, but since this is a well recognised problem in the work place, it is hard for them to justify that.

The only way they could do it was if they fired every single employee who was found to be guilty of it.

I think you should get legal advice as I think that they jumped the gun. If you had no reprimands before and no written warnings then I don't think they could fire you like that.

Answer 5

You were wrong and got your just punishment

Answer 6

when some one has had your cheese?

Answer 7

you were made an example of. and dont think it would be unfair dismissal. sorry

Answer 8

Well, it depends on whether your were previously aware that dropping calls would be considered Gross Misconduct.  Many employers would state within there written statement of terms of employment the things which the company would consider Gross Misconduct.  As you work in a call centre it is feasible that dropping calls would be considered Gross Misconduct - so check your terms of employment.

If it is not specifically stated then I would appeal the decision - you should have been informed how to do this in a letter from your employer confirming their decision.  It would usually be by writing an appeal letter to the boss of the person who signed off the letter.

If they have not issued you with a letter explaining their decision and how to appeal then they have not followed the statutory grievance procedure, so I would still write them a letter appealing their decision and mention that you are also aware that they have not followed the correct procedure.  Ask for a response within a certain amount of time (7 or 14 days) and advise that you will be contacting ACAS for advice (08457 47 47 47).  I wouldn't bother with the Citizens Advice Bureau personally, as they are not always correct in their advice in my experience.

Even if it is in your terms of employment that call dropping is Gross Misconduct I'd still contact ACAS to see whether they think this is fair.

Good luck.

Answer 9

cause they can they have the right to sack you  

Answer 10

Yes, they are allowed to do that to you.  Not fair, but not illegal.  Sorry,

Answer 11

You have the right to appeal against the decision, and should have been given information on how to do this when you received your letter stating the reasons why you had been dismissed.

I would appeal on the grounds that you have mentioned above especially the one that the decision to dismiss you was made by someone that you had had a previous relationship with and that you felt that this influenced the decision.  

If someone is accused of gross misconduct they are normally removed from work by being suspended until an investigation then disciplinary is arranged.

I would argue this and appeal to the company director as it does sound like unfair dismissal to me.