fizzle Posted June 2, 2010 Share Posted June 2, 2010 i have just been sacked for mowing my mums lawn with a company mower:wtf: basically a manager from another depo, drove past whilst i was cutting my sick mums lawn and reported it to head office.. she has only been out of hospital a few weeks and just moved in to a smaller cottage as finds it hard to get about... i popped in on my lunch break (as usual) and quickly cut the lawn as the property had been empty for a while and was unkept . i was there no more than 15 mins as its a small area and i drive a big mower.. it was reported that my van was seen in her village.. and as i thought nothing of it freely admitted what had happened.. a week later (today) i was called in to the office and sacked for gross misconduct:blink: he told me whilst sacking me that we were told on our induction were werent allowed to use company kit.. to which i replied "i havent had one" he paused for a second then said errm well regardless your fired effective as of now!!! we have only been with the firm since a take over a few months ago, they didnt want to take us on but had to due to certain take over rules.. i am the highest paid and most senior landscaper, they removed all my responsibilities and duties as assistant contract manager straight away and just put me back on the tools, when i confronted them regarding this i was told we were all just monkeys and to get on with the jobs given... i have done this as i enjoy the work but this is just taking the piss!! rant over any advice? Quote Link to comment Share on other sites More sharing options...
Spike3.0 Posted June 2, 2010 Share Posted June 2, 2010 Tribunal time, Taking the piss there mate, take them to the cleaners Quote Link to comment Share on other sites More sharing options...
pistonbroke Posted June 2, 2010 Share Posted June 2, 2010 As above, they don't have a leg to stand on. the papers would run for miles too with a company that wouldn't allow an employee to cut his ill mothers garden on a lunch break. Quote Link to comment Share on other sites More sharing options...
csa Posted June 2, 2010 Share Posted June 2, 2010 sounds like a lame excuse to get rid of you...but it also sounds like you are better off somewhere else... Quote Link to comment Share on other sites More sharing options...
michael Posted June 2, 2010 Share Posted June 2, 2010 Did you move to them under TUPE? Quote Link to comment Share on other sites More sharing options...
evinX Posted June 2, 2010 Share Posted June 2, 2010 get all your evidence together and take it further? didnt want to take you on in the first place, but HAD to due to LAWS, and at the first chance to screw you for the smallest thing, they did. Were you ever told you couldnt use the tools by the new people who took over? if you did, then imo you cant take it any futher. Or you can just round some fellers up to do him over...pm me itll cost you though (currently jobless to ha!) Quote Link to comment Share on other sites More sharing options...
benkei Posted June 2, 2010 Share Posted June 2, 2010 As above. Sounds like they didn't like or want you from the start! Just gagging for any tiny reason to blow out of proportion to get rid of you mate. Don't let them get away with that. You obviously enjoy and value your work, and being the highest paid and most senior landscape shows the time and effort you've put into your work, and to be treated like some school kid is outrageous! Quote Link to comment Share on other sites More sharing options...
evinX Posted June 2, 2010 Share Posted June 2, 2010 just to add, i wask joking about my offer:D Quote Link to comment Share on other sites More sharing options...
mark newman Posted June 2, 2010 Share Posted June 2, 2010 it my be called moon lighting ,using company tools. They might think you do a lot of this and that it cost the company money , and you get paid as well. thats what i think , but sorry for you, im sure you will find a job soon, or go alone thats the best way. Quote Link to comment Share on other sites More sharing options...
Alex Posted June 2, 2010 Share Posted June 2, 2010 TUPE laws should prevent this without proper investigations and hearings etc. I would assume you'd have a case if you took them on, best get onto ACAS and Citizens Advice asap, and contact an employment lawyer too...they usually do 30mins for free Check your contract, and terms of your transfer. But I have to say you're a berk for giving them an excuse as they had made their intentions clear...really with your skills I'd set up on my own, a lot of LSG's are Self Employed. Quote Link to comment Share on other sites More sharing options...
fizzle Posted June 2, 2010 Author Share Posted June 2, 2010 Did you move to them under TUPE? yes i did! Quote Link to comment Share on other sites More sharing options...
hackin_n_bashin Posted June 2, 2010 Share Posted June 2, 2010 I believe they can't just sack you straight away for misconduct, you should have been told you were going into a formal meeting. (Been there, bum r*ped a few large company bosses with that one!) Quote Link to comment Share on other sites More sharing options...
fizzle Posted June 2, 2010 Author Share Posted June 2, 2010 But I have to say you're a berk for giving them an excuse as they had made their intentions clear...really with your skills I'd set up on my own, a lot of LSG's are Self Employed. i disagree i was unaware it would be such an issue as up2 2weeks ago we all took tools home in the vans and everyone cuts there lawns etc.. and as i hadnt had my induction i wasnt informed it wasnt allowed!!! i do want to set up on my own, and have been contemplating leaving but didnt have the funds for kit, also my landy engine blew last week so now cant get about to do my private jobs.. and no cash coming in now 4 new landy engine! Quote Link to comment Share on other sites More sharing options...
evinX Posted June 2, 2010 Share Posted June 2, 2010 well you have a leg to stand on if you wasnt aware of their new rules;) Quote Link to comment Share on other sites More sharing options...
Dave17 Posted June 2, 2010 Share Posted June 2, 2010 From past experience going to tribunal is a waste of time if you haven't worked for at least 12 months Quote Link to comment Share on other sites More sharing options...
fizzle Posted June 2, 2010 Author Share Posted June 2, 2010 From past experience going to tribunal is a waste of time if you haven't worked for at least 12 months i have been in my job just over 4 years, and with tupe that carries over! Quote Link to comment Share on other sites More sharing options...
Dave17 Posted June 2, 2010 Share Posted June 2, 2010 Aaah, give em hell then! Quote Link to comment Share on other sites More sharing options...
marbleapple Posted June 2, 2010 Share Posted June 2, 2010 From past experience going to tribunal is a waste of time if you haven't worked for at least 12 months TUPE I expect he has worked for longer than 12 months. I am not an employment laywer but I recommend going to see one. That said, and no insult intended to the initial poster, things never seem as clear cut as people initially suggest. I would also point out that if you didn't have an induction with your new company, I expect you had one with your old company. I would speak to the employer and appeal their decision. If anything it will assist in getting you more evidence against them. Quote Link to comment Share on other sites More sharing options...
fizzle Posted June 2, 2010 Author Share Posted June 2, 2010 I believe they can't just sack you straight away for misconduct' date=' you should have been told you were going into a formal meeting. (Been there, bum r*ped a few large company bosses with that one!)[/quote'] i did have an investigation hearing last week where they asked me about it, which is when i admitted it, and then was told i would hear the outcome (assumed a slapped wrist or verbal warning) today was the disciplinary hearing/sacking (both were @ written request) no previous misdemenors/warnings or greivances Quote Link to comment Share on other sites More sharing options...
fizzle Posted June 2, 2010 Author Share Posted June 2, 2010 TUPE I expect he has worked for longer than 12 months. I am not an employment laywer but I recommend going to see one. That said, and no insult intended to the initial poster, things never seem as clear cut as people initially suggest. I would also point out that if you didn't have an induction with your new company, I expect you had one with your old company. I would speak to the employer and appeal their decision. If anything it will assist in getting you more evidence against them. i have been offered the chance to appeal, which will be sent in writing soon.. would appreciate any help, thanks Quote Link to comment Share on other sites More sharing options...
marbleapple Posted June 2, 2010 Share Posted June 2, 2010 i have been offered the chance to appeal, which will be sent in writing soon.. would appreciate any help, thanks Get your company handbook out and look what it says on the issue of disciplinaries and also the use of the company's equipment. Also look at the definition of gross misconduct. 1. was it wrong to use the mower according to your handbook/training 2. was it gross misconduct as per the definition 3. are and were all the procedures being followed in relation to the disciplinary 4. have you had a fair hearing Quote Link to comment Share on other sites More sharing options...
benkei Posted June 2, 2010 Share Posted June 2, 2010 I'm sure you're allowed someone with you to witness the hearing too? Quote Link to comment Share on other sites More sharing options...
fizzle Posted June 2, 2010 Author Share Posted June 2, 2010 1. yes but i was unaware until the complaint was made 2. "Engaging in employment outside normal working hours in breach of any contractual requirement and or which adversely effects their work with the company" falls under the misconduct/neglegence heading of disciplinary proecedures document which was sent with 1st letter... not under the gross misconduct heading! in second letter it says "please be advised that the allegations could be deemed as gross misconduct if the allegation is proved at the hearing, u may be summarily dismissed" 3. i think so 4. i don't think so as all letters etc were received 1 working day before actual meeting, parties played down the seriousness of allegation, i was unaware of the rules so couldn't defend myself... also they didnt actually have any evidence only this bloke who saw the van and trailer.. minus the mower! it was only the fact i admitted it thinkin there was no issue that this happened... so much for honesty being the best policy!! Quote Link to comment Share on other sites More sharing options...
fizzle Posted June 2, 2010 Author Share Posted June 2, 2010 I'm sure you're allowed someone with you to witness the hearing too? i was allowed one but didnt think it would be necessary, as it was played down by management and i never thought it would end like this or i would have.. blunder! Quote Link to comment Share on other sites More sharing options...
Terminator Posted June 2, 2010 Share Posted June 2, 2010 They have acted improperly, if it was a disciplinary matter, you should a have had a hearing.Have you got witnesses to the monkey comment. Sounds like you are better of out of there, but take them for all you can get, unfair dismissal. You need to go through day by day since they took over and try to recount any conversations etc Having once been an employer who got taken to a tribunal, and lost, I think if what you say is true you have a very good case. "Caring son sacked for mowing convalescing mothers lawn" in the papers will not look good. How much would they have charged for you to do the work by the book. Offer to pay it, they will refuse to accept, and take that to the press as well. Give them what they deserve. Quote Link to comment Share on other sites More sharing options...
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