Dell complaints

[PhoneMonkey]

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

[FallenAngel]

[PhoneMonkey]

[FallenAngel]

I still think you're fighting an uphill battle, but let us know how it turns out.

[PhoneMonkey]

Sorry for the long delay in updating. It seems my home IP has been banned fromt his forum.

Anyway, The story so far.

Dell took the decision to dismiss in June this year. I sent a letter withing the time frame specified asking for an appeal hearing and got no reply.

I then initiated proceedings for a tribunal to be heard. Dell were notified of this and given the opportunity to enter arbitration.

Dell declined to do so and sent a letter to my arbitrator listing 14 reasons on why they had decided to dismiss me. Inedpendent consul has reviewed the letter and said they only have a chance with one of their points which is that I contributed to reason for dismissal (ie, I did do what they claimed I did, but not for the reasons that they claimed).

Dell also claim that I did not request an appeal hearing.

We will be arguing the following reasons.

1) Dell failed to follow their own procedure which they supplied to us on no less than three seperate occasions. - The aforementioned policy which states that only a Director or VP can make the decision to dismiss. (In the final meeting the HR rep stated "As representatives of the company WE are taking the decision to dismiss)

2) Dell failed to agree on the minutes of the disciplinary hearing.

3) Dells decision to dismiss was not a reasonable response to the infraction.

4) Dell did not respond to the request for an appeal hearing.

Tribunal Date is February so I'll post then what happens.

[Rocke_T_Sinetist]

Sorry, a number of European IPs have been banned for persistent spamming. But none intentionally within UK, mostly in Germany, Russia, Denmark.
_________________
Rocke T Sinetist
as in, 'it doesn't take a...'

[FallenAngel]