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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38656
Experience:  Expert in UK Employment Law
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On 5 of June i was dismiss from work because i had accident

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On 5 of June i was dismiss from work because i had accident at 15 of may i was loading lorry and them pallet stop with pomp-track on the gap and wheel was on the air and I put in witness statement that lorry collapsed suddenly when i was loading on that time i dint notice any injury but when i go home and wash my hand i notice scratches on my 3 fingers of left hand . But i come to work as normal and rapport that i have those 3 scratches and start to work in about 4 h of heavy lifting my left hand started to feel pain so i told my supervisor about that and i was send to do light duties (punting flat boxes together ) and i feel fine so i finish my shift normal . On night i wake up with pain in my left hand i was not sure what is happening so i called Employer that im not going to work instead im going to see doctor what i did and he told me its nothing serious and give me pain killer
And i come back to work in Monday started to work as usual then my supervisor told me that is something wrong with printer and they cannot print back to work form and i need to wait in office up stairs after 30 min shift manager and team leader come in and said that they have extra question to return to work and was questioned and suspended.
On question if i see anything wrong with ramp i sad that it was going down and im not sure if that's health & safety ( but when we load 2 deck ramp always going down and i was not train how low it can go to be safe or not and i was told that everything is safe before i started to load ) Shift manager told me to answer yes or no.I read statement my statement i think was fine number of pages was added and was send home because acourding cctv lorry dint move and i said it did .


On disciplinary meeting i was dismiss because of falsification of statement acording to cctv .

I write appeal and in reason to appeal i put.

1) Writing statement i was acting with good faith and based of my experiences and what i saw after accident i write this statement with the best of my knowledge
2) On CCTV its not show lorry drop or not its only showing ramp
3) I If ramp go to max level only whats going to move its end plate of ramp that can move down without whole ramp to move
4) No serious accident happen and it was not my fault that ramp drooped
5) Its true that i take 1 day of sick because of my left arm but it was to be sure that everything its all right with me and it was beside i dint take any sick pay for whole year and i could with any reason
6) If Audrius saw that lorry is danger when he was about to load it why he go to dispatch without telling any one about it and why Tim told Andy after that that we need to load that lorry (he dint ask why lorry was not loaded ??) if he said about that i believe accident dint happened in the first place.
7) I was not train to load or put ramp on the lorry's with lowed level loading so i dint have knowledge whats save or not save while loading it
8) I dint see any danger when i was loading this lorry that can lead to accident special gap that was see after accident
9) Accident scene was clean by Tim and i was told by Tim to push pomp truck with pallet and cleans rest of the boxes then ramp was lifted by Tim so any future investigation dint shown exactly scene from accident
10) On CCTV its shown that ramp was drooping slowly if everything was good with lorry why ramp with lorry drop so much ?? Andy if that normal why i was not train or told that lorry might drop ?? Aiden with investigation when Lucas was present was saying all time that lorry could not move
11) Audrius put in his statement that he was on scene after accident and checked and lorry was looking the same when he was see in ageing but he in not on the CCTV after accident so he could not see it so that's falsification of statement the same reason i was dismiss for falsification of statement and he was not ??
12) Nobody told me why lorry drooped so much in the fist place and i was told many time that's everything with lorry was ok and health & safety so if it was health and safety why i was not told that so big gap can happen ?? if that's normal

I will have this appeal soon and i work for them 5 years.

How strong is my appeal and whats my right are if my appeal will will drop or will be accepted ??
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Customer:

5 years

Customer:

but my company give us under wincanton management and they decided about my dismissal and also my company will be moving warehouse out of Gloucestershire so if we dont move we will be under redundancy treat

Ben Jones :

Thank you for your patience. So just to be clear - did you breach any policies or procedures during this incident?

Customer:

nope i dint the only thing that is in policies is "falsification of official rapports and accounts " and they saying lorry dint collapsed on the time when i was there but earlier go down but on cctv its only showing ramp going down slowly over time to max level and then nothing

Expert:  Ben Jones replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Ben Jones replied 1 year ago.
I must say that it appears the employer's decision to dismiss you is rather harsh in the circumstances. They are saying that you have supplied a false report or account, although it is far from clear that this was done either intentionally, or due to gross negligence on your part. You acted in a genuine and honest manner and even if your report did not necessarily reflect the facts, you did not do this to hide anything or to gain anything from it.

What you have stated in your appeal is the right thing to do and I see no issues with you taking this to appeal based on these arguments. However, no one can predict what the outcome of the appeal would be as it is still entirely in the employer's hands. If your appeal is accepted then you should be reinstated to your old job. If the appeal is rejected then you will have to consider whether to take this further and claim unfair dismissal in the employment tribunal. The tribunal will then look at your claim and decide if you have a reasonable case to challenge your dismissal as being unfair. If they find in your favour then you may be due some compensation.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Satisfied Customers: 38656
Experience: Expert in UK Employment Law
Ben Jones and 3 other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Many thanks for that if they take me in do they need to pay me for period when i was unemployment ??

Expert:  Ben Jones replied 1 year ago.
if your appeal is successful and you are allowed to return then you can expect to be paid for the time between dismissal and reinstatement
Ben Jones, Solicitor
Satisfied Customers: 38656
Experience: Expert in UK Employment Law
Ben Jones and 3 other UK Employment Law Specialists are ready to help you

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