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PhoneMonkey
Regular Hater
Joined: 30 Apr 2008
Posts: 13
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 Posted: Wed Jul 23, 2008 1:07 pm Post subject: Taking Dell to Industrial Tribunal for Unfair Dismissal |
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This is a good point o bring up to anyone working in the Glasgow call centre..
Dells policy for Disciplinary procedures states
"The decision to dismiss will be taken only by a Vice President or Director of grade D3 or above"
Dell Glasgow has neither a Vice President or director at it, so all dismissals have been made by team leaders and HR drones. What this means in essence is that Dell has failed to follow their own disciplinary procedure and opened themselves up to an instant Unfair Dismissal claim.
I have discussed this with a barrister specialising in Employment Law and a Union official who actually sits on Tribunal boards and both have agreed that Dell cannot win an Unfair Dismissal case in these circumstances as not only have they blatantly not followed their own policy, but when queried on it, we were told "The policy is a general UK Policy but it is not relevant to the Glasgow Call Centre".
So, on dismissal lodge a formal appeal.Once the appeal has been rejected, get form ET1 andf return it within 28 days of the dismissal.
Employment tribunals do not look at the hows and whys of the case,t ehy only look to see if the dismissal was fair. By not following their policy, the case will be ruled as unfair as the people who dismissed you did not have the authority to do so.
www.employmenttribunals.gov.uk |
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FallenAngel
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Joined: 21 Feb 2006
Posts: 1492
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| Posted: Wed Jul 23, 2008 6:07 pm Post subject: Re: Taking Dell to Industrial Tribunal for Unfair Dismissal |
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| PhoneMonkey wrote: | Dells policy for Disciplinary procedures states
"The decision to dismiss will be taken only by a Vice President or Director of grade D3 or above" |
Though it would appear to be a generalization on their part, and this they admitted to, Dell can still wiggle out of this in only one way. The key word in their policy is the word "decision". There is no mention of the word "action".
Simply put, what this means is that Dell can argue that they did in fact get the required "decision" from the appropriate parties named, but the enforcement of it, or the "action" of it, was handled by proxy. The proxy in this case being HR and/or a Manager.
Dell is just shady enough to use that loophole. I wouldn't expect much from a tribunal. |
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PhoneMonkey
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Joined: 30 Apr 2008
Posts: 13
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| Posted: Fri Jul 25, 2008 1:58 pm Post subject: Re: Taking Dell to Industrial Tribunal for Unfair Dismissal |
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| FallenAngel wrote: |
Dell is just shady enough to use that loophole. I wouldn't expect much from a tribunal. |
Accoridng to the aforementioned Tribunal officers and employment law barrister, they cannot make this claim. The decision to dismiss cannot be taken by someone who has not been part of the disciplinary procedure, that would be unfair. The party making the decision must be present at the disciplinary hearing or it would be ruled unfair. |
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FallenAngel
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Joined: 21 Feb 2006
Posts: 1492
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| Posted: Fri Jul 25, 2008 3:34 pm Post subject: |
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| I still think you're fighting an uphill battle, but let us know how it turns out. |
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