Private and Confidential s2
PRIVATE AND CONFIDENTIAL
APPEAL AGAINST ? DISMISSAL
STATEMENT OF CASE
Employee: Name: Name
Job title:
Location/base
Employee/Payroll number:
Date commenced employment:
Organisation: NAME
Locations/bases
DETAILS OF ? DISMISSAL
Date dismissed: / Date (letter reference)Dismissing manager: / Name, Job title, Location
Authorising manager: / Name, Job title, Location / Not stated
Reasons: / 1. A
2. B
Miscellaneous: / a) Dismissed within “probation period”.
b) Dismissed with immediate effect (summarily; no notice)
REASON AND GROUNDS FOR APPEAL AGAINST SUMMARY DISMISSAL
1. Reason for Appeal: State law
2. Grounds for Appeal: Points 1 – ?
3. NOTE: The statutory and other legal failures cited henceforth refer to Home Manager and employer/organisational failure/s.
4. Regards ? dismissal letter, it does not state that the alleged reasons constitute gross misconduct. Given this, Point ? and Point ? (? specifically), I believe the decision and act of summarily dismissing me is clearly unlawful as summary dismissal can only follow either a) gross misconduct or b) repeated misconduct that has been subject to formal disciplinary action.
5. Reason 1 alleged:
5.1 “?” is a subjective term. Dismissal must be based on objective evidence and decision-making.
5.2 I have never been informed – verbally or in writing – as is my right under law and natural justice regards the right of reply, of any concerns regards my conduct or performance and have never been reprimanded by ?
6. Reason 2 alleged:
6.1 On more than one occasion – please state specific date/s, time/s, location/s and actual alleged issue/s as these have never been clearly put to me, and please provide objective evidence to support this, as this has never been put to me.
6.2 Any alleged conduct or performance issues were wholely NOT intentional or deliberate on my part. I undertook my work to the best of my ability given Points ?
6.3 The Home Manager and company are equally, and I would argue MORE and FORSEEABLY complicit in any alleged Health and Safety (henceforth termed H&S) failures and “disregard for health and safety” (to quote ?), especially in view of the other points raised in this appeal. Thus, there are overriding corporate, managerial and systemic failures for which I am being scape-goated.
7. Statutory failure to follow minimal disciplinary AND dismissal procedures and Acas’ Code of Practice, including but not limited to:
7.1 Unreasonable failure to notify me in writing of any concerns/allegations, the basis of those concerns/allegations, and the need to attend a meeting to discuss them prior to dismissal.
7.2 Unreasonable failure to inform me – verbally or in writing, and both prior to and at dismissal – of any disciplinary process/action being considered or taken against me. Thus, to my knowledge, no formal disciplinary policy/procedure has been initiated prior to my dismissal, as would reasonably have been expected.
7.3 Failure to provide details of any improvement notice including how “suitability” and performance will be objectively measured and recorded. I thus believe any measurements of my “suitability” and performance have been subjective, possibly part of a personal agenda by Ms Cank given Point 1.1, and any improvements unreliably assessed prior to dismissal.
7.4 Unreasonable failure to arrange a period of re-deployment (ideally) or suspension with pay, to allow for matters to be objectively and impartially investigated before proceeding to dismissal.
7.5 Unreasonable failure to allow or advise me of my legal right to trade union representation or accompaniment at any formal disciplinary hearing/procedure, including at the time of summary dismissal.
8. Unreasonable failure to adhere to Acas’ Core Principles of Reasonable behaviour, including but not limited to:
8.1 Failure to help me to improve first before formal disciplinary action and dismissal.
8.2 Failure to inform me, either verbally or in writing, of any disciplinary concerns and processes.
8.3 Failure to secure natural justice, in that I was never allowed a) to state my case or provide a defence prior to dismissal, b) the right of representation/accompaniment, and that c) decisions/actions were taken before a) and b) and any investigation.
8.4 I was dismissed for an alleged first offence (Acas term).
9. Statutory failure under employment law to treat employees fairly/reasonably, equally and consistently, including but not limited to other employees having equivalent and worse alleged conduct/performance issues, but not being treated as I have been.
10. Statutory failure under employment law, Care Home Regulations and Commission for Social Care Inspection (henceforth termed CSCI) requirements to provide, and within the required time limits, recruitment/employment documentation including but not limited to:
10.1 A written contract of employment/main Terms and Conditions (T&C’s).
10.2 A job description and person specifications.
10.3 Employee handbook or provision of company rules and procedures, including those that constitute misconduct and gross misconduct.
11. Statutory failure under H&S legislation, employment law, Care Home Regulations and CSCI requirements to take reasonable care for my health, safety and welfare, including but not limited to unreasonable incompetence to provide “suitable and sufficient”, effective and documented performance management including:
11.1 Induction.
11.2 Mandatory training at the start of employment, including but not limited to H&S, Fire, Moving and Handling, Abuse.
11.3 Role and task specific staff training prior to undertaking the role/task, including but not limited to:
a) H&S
b) Working at heights (ladders and stepladders).
c) Electrical Safety.
11.4 Role and task specific:
a) Competency assessment.
b) Competency development framework.
c) Expectations and performance criteria/standards/benchmarks.
11.5 Peer support – I started in post when Malcolm was off sick, he only returned at the end of December 2009 (2 months after I started), and I was given no direction regards my role or tasks.
11.6 Formal and regular management supervision.
12. Statutory failure under H&S legislation, employment law, Care Home Regulations and CSCI requirements to take reasonable care for my health, safety and welfare, including but not limited to unreasonable failure and incompetence to a) undertake (by a trained assessor), b) advise me regards, c) involve me in and d) document “suitable and sufficient”, effective and current:
12.1 Risk assessments relevant to my role and tasks undertaken.
12.2 Risk reduction/risk management plans relevant to my role and tasks undertaken.
12.3 Hazard analysis and hazard reduction plans relevant to my role and tasks undertaken.
12.4 Periodic and planned risk and hazard reviews/evaluations relevant to my role and tasks undertaken.
13. Statutory failure under H&S legislation, Working at Height Regulations 2005 (as amended) (henceforth termed WaHR 2005) employment law, Care Home Regulations and CSCI requirements to take reasonable care for my health, safety and welfare by not ensuring ladders and stepladders are provided and used in accordance with the Health and Safety Executive (henceforth HSE) recommendations, including but not limited to:
13.1 WaHR 2005 Regulations 4 and 6(1)(2) – Not ensuring the use of ladders and stepladders is properly planned and recorded.
13.2 WaHR 2005 Regulations 5 and 6(5)(b) – Not providing essential training regards the safe use of ladders/stepladders.
13.3 Not providing essential information regards the safe use of ladders/stepladders.
13.4 Not undertaking risk assessments and risk reviews regards ladder use.
13.5 WaHR 2005 Regulations 12 and 13 – Not providing a system and documentation to record required pre-use ladder inspection checks and visual inspections by a competent person.
13.6 Not providing manufacturer’s instructions for ladders used.
14. Failure to acknowledge my co-operation and reasonableness as an employee, including but not limited to:
14.1 Being forced by ? to change an agreed work shift pattern without reasonable notice, and despite an awareness of the reasons behind the agreed work pattern ie. significant and provable health grounds.
14.2 Work tasks undertaken by myself beyond those employed for, including tasks that were requested by “senior staff”, which were undertaken to comply with requests from “senior staff” and to endeavour to show a dedicated and proactive employee.
14.3 Coming into work out of hours.
15. Statutory failure under H&S legislation and employment law to provide adequate work equipment necessary to a role/task, including but not limited to a mobile phone and reimbursement of petrol travelling between homes for work purposes, resulting in me unreasonably having to incur these costs personally despite the size of the organisation in order that I may fulfil the duties for which I was employed.
16. Statutory failure under H&S legislation and employment law to secure proper on-call arrangements for the handyman, including out of hours contact and pay rates.
17. In view of all the points raised in this appeal, there are overriding corporate, managerial and systemic failures for which I am being scape-goated.
18. As Acas states, employees cannot be disciplined until they have been informed, educated, equipped and supported to do the role/task expected of them. To discipline an employee before these conditions have been met renders employers liable to successful appeals, grievances and employment tribunals.
19. It took ? all of TEN minutes from start to finish to dismiss me. Irrespective of all the previous points, this clearly shows that statutory and company policy/procedure has not been followed.
20. I attended work at ? on the morning/day of dismissal. ? saw me at this time on ? arrival, let me continue with my work at ?AND proceed to ? to work there, only dismissing me on my return some 3+ hours later. At the very brief. Prior to dismissing me, no concern from that day had been raised, reasonably concluding that my summary dismissal was based on preceding days’ events. Summary dismissal can only be done due extreme issues. The fact that ? knowingly let me continue working in the morning is clear evidence that events were not that extreme, and it is therefore reasonable to conclude that summary dismissal was inappropriate and disproportionate at best.
21. In view of the previous point, I believe that the decisions and actions resulting in my dismissal have been unreasonable as defined by law, have been taken prematurely and contrary to statutory requirements, are disproportionate to the alleged conduct and performance concerns, and have been imposed despite no previous disciplinary history whilst employed with the company (and before).
22. All of the points cited herein are foreseeable (inferring foreseeable negligence), breach statutory regulations and company policy/procedure, and have breached the implied and expressed terms of employment law, and has breached the implied terms of “mutual trust and confidence” for which I intend to seek full, public and legal accountability of the company and specific individuals.
Statement of Truth
23. I believe the information given herein is to the best of my knowledge true, accurate, complete, has been made freely and unconditionally, and is given in good faith.
Signed:NAME:
Date:
Encl: Appendix ? – Evidence/supporting documentation
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