appeal against being fired - please help

Former Member

I was fired from work yesterday due to gross misconduct. I have worked for the company since june 2006 and was on a verbal warnig to to unauthorised absence as i had family issues going back to a family bereavement which i had time off for.i have now been fired due to another instance of unauthorised absence, i am going to appeal the decision to my former employer in hope that i get my job back and that a written warning would have been sufficient, as i stated i was given a verbal warning for unauthorised absence when i had family issues and then i have been fired for another instance of unauthorised absence due to a dislocation of the thumb.
my works disciplinary policy and procedure states "Gross misconduct - If, on completion of the investigation and the full disciplinary procedure, the company is satisfied that gross misconduct has occured, the result will normally be summary dismissal, i.e. dismissal without notice or pay in lieu of notice."
however surely the full discilinary procedure has not been completed as i have gone straight from a verbal warning to a dismissal.
furthermore works disciplinary policy and procedure also states "where an employee's absence record has been investigated and there is some doubt, the employee will be dealt with under the disciplinary procedure. If the absence is due to a genuine (including medically certified) illness, the issue becomes one of capability."
I have the medical certificates.
I was just wondering if anybody could help me as i have 5 days to get my appeal ready and not sure what i should do.
many thanks

Former Member

If it is due to ill health then it is not an unauthorised absence. I have doubts that a family bereavement is, either- say you were depressed with grief and claim disability discrimination.

It doesn't sound like this company have followed due procedure- that is verbal warning, written warning, dismissial- regardless of the cause of your absence. But if you can prove that you were ill- and you can- then they have no grounds to dismiss you at all.

If they try and fire you for being ill (under "capability") then you would have a very strong case at tribunal for disability discrimination.

Ensure that your union representative attends the appeal with you, or if you are non-union then ensure that a trusted colleague attends with you. Take all your certificates, and state that illness is not unauthorised absence by law.

If the appeal fails, then twat the cunts at the tribunal with a disability discrimination claim. But be quick- you have a time limit of three months to raise a tribunal claim.

Former Member

I don't know anything about it really, but I would be prepared to explain why you needed to be absent for a dislocated thumb (I can see why they would struggle to accept that you need time off for that).

Did you phone in each time you weren't coming in and provide the necessary certificates in time?

If you did then make sure you state that, structure the case as 'I was only on a verbal warning and I didn't do anything wrong'.

Former Member

If you were ill and told them so at the beginning of the illness and kept them informed, it's capability.

If you didn't phone in (regardless of whether you were actually ill or not - they don't know what you were, they just know you weren't at work like you were supposed to be!), it's conduct, ie disciplinary.

Former Member

speak to your union asap, would be my advice.

Former Member

If your work has a human resources department they can usually advise you on this kind of issue.