Possible unfair dismissal help.

[stuffthebanks]

Good afternoon,
Hope everyone is keeping well.
I'm looking for some guidance with regards my son in law.
He has been working at a well known supermarket for 9 months, he has been working for contract cleaners to clean at this local store.
No problems with his attendance or quality of work.
As far as i understand it, he was sent a text message from his area manager to say he had to leave because his cleaning standards were not good enough, and that he made people feel uncomfortable.
From the information i have, he has never had any complaints with regards his cleaning, and no one has ever approached him to talk with him with regards to making people feel uncomfortable.
My feeling is that this seems a little unfair and needs a full explanation from his employer as to how and why this decision was made.
Would i be right in requesting a SAR from his employer to find out what they have on him.

Hope all this makes sense,
Thanks in advance for any advice

All the best
Steve

[The Tech Clerk]

There are 2 ways you might be able to challenge your dismissal:

• appealing through your employer’s appeal process
• making a claim to an employment tribunal - if you have a genuine unfair dismissal claim and have worked for your employer for more than 2 years

Before you appeal to your employer, you need to think carefully about whether you really want your job back. For most people, finding a new job as quickly as possible is the best way to move on from being dismissed - read more about what you can do after you’ve been dismissed.

If you were dismissed for an 'automatically unfair' reason or you were discriminated against, you can make a claim to a tribunal no matter how long you’ve worked for your employer.

[stuffthebanks]

Brilliant advice TC, do you think its worth submitting a SAR to find out exactly what they have on file before taking any further.

Thanks as always
Steve

[Still Waving]

Yes.

https://workingfamilies.org.uk/artic...ccess-request/

"In an employment or workplace context, you may want to make a DSAR to find out more about how you have been treated at work, to the extent that this has been addressed within data about you. For example, your situation at work may have been discussed in emails or meeting notes between your line manager and HR..."

Edit: Has his employment actually terminated now? Being sacked by text message seems "unauthodox", shall we say. Is his employer a company with formal employment and payment processes or a small trader? Was he on a fixed-term contract?

[Pat]

Remember if you want to appeal this must be done within the strict time limits set out by the employment contract. Often 5 days from receipt

[Pat]

I should have added, if you end up going to ET you are expected to have followed internal appeals processes beforehand

[The Tech Clerk]

Dear Sirs,


Reference:-



Subject Access Request - S.7 Data Protection Act 1998 - Data Protection Act 2018.


Under the Data Protection Act 1984 and 1998 also 2018 in particular to “Article 15 of the UK GDPR 2021/23


Please supply me with a copy of all information your files held with respect of myself, also with copies of statements hereby made.


Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.


If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. To include any Microfilch records.

This includes and wireless or Text messages originating from your offices.


Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.


If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

You have 30 days in which to comply.

[The Tech Clerk]

Do not await reply but make sure his name is on signature and name address date area:- of the request = get proof posting. keep a file in date order., but get an appeal in straight away.

[stuffthebanks]

Brilliant advice as always
Thanks to you all
I will keep you updated
Steve

[stuffthebanks]

Yes.

https://workingfamilies.org.uk/artic...ccess-request/

"In an employment or workplace context, you may want to make a DSAR to find out more about how you have been treated at work, to the extent that this has been addressed within data about you. For example, your situation at work may have been discussed in emails or meeting notes between your line manager and HR..."

Edit: Has his employment actually terminated now? Being sacked by text message seems "unauthodox", shall we say. Is his employer a company with formal employment and payment processes or a small trader? Was he on a fixed-term contract?

Hi SW,
Getting information from him is patchy, he was diagnosed with ADHD many years ago, he hasn't declared that on his initial interview 9 months ago.
His employment has been terminated, this was by text message from an area manager that has never met him.
He deleted the text because he didn't want my daughter to know he had lost his job.
The company in question is a large service provider contracted by a large supermarket chain.
The contract he had was permanent.
Cheers SW.

[Still Waving]

A pity that the text message was deleted, it would have been worth keeping. It's a shoddy way to sack somebody in any event, especially for a large company.

[The Tech Clerk]

A pity that the text message was deleted, it would have been worth keeping. It's a shoddy way to sack somebody in any event, especially for a large company.

might be able to add text messages from their records as well as all mentioned DSAR

I have added to DSAR Request above.

[Still Waving]

Surely just sending a text message is not a lawful way of terminating the employment of someone on a permanent contract ??

[stuffthebanks]

I wouldn't have thought so,and definitely would not appreciate this done to me.

[stuffthebanks]

Having checked, he never received a contract.
His condition leaves him confused at times.
From now on I will oversee any involvement in future employment, make sure he doesn't get taken advantage.